Estate of Charles A. Lippitz, Deceased, Michael Lippitz, Administrator and Rhita S. Lippitz - Page 10




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          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”.                                        





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