- 10 - suggests that it would have been difficult for Mr. Lippitz to litigate a joint personal tax liability for nearly 20 years and not, at some point, have alerted petitioner to the fact that such a litigation was ongoing. Moreover, after learning of the outstanding litigation, petitioner took at least a year to seek leave to amend her petitions. Finally, respondent believed he had resolved all of the issues in the matter by an agreement reached in April of 2003.6 Thus, we find respondent’s position opposing petitioner’s motion to amend to have been reasonable. While respondent’s position was reasonable at the start, it does not necessarily follow that respondent’s position continued to be reasonable, especially when additional facts came to light. On November 10, 2005, CCISO issued a determination letter recommending that petitioner be granted innocent spouse relief. Despite CCISO’s determination, respondent persisted in his denial of petitioner’s claim and filed his answer to this effect. Respondent does not point to any substance, such as an error in CCISO’s determination or other legal or factual basis, upon which he maintained his denial of relief. Pierce v. Underwood, supra at 565. Instead, respondent simply maintains that he needed to develop more fully the facts related to petitioner’s claim. 6We note that while petitioner denied being bound by the April 2003 agreement, she did not deny her knowledge of the litigation or the agreement at the time it was reached. Instead petitioner has averred, vaguely, that she did not learn of the litigation until “sometime in 2003”.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 10, 2007