Gilbert Vasquez - Page 10

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                    A.  Petitioner was improperly denied his requested                
               Earned Income Credit, hereinafter referred to as EIC.[8]               
                    B.  Petitioner provided the requested                             
                    documentation to the Internal Revenue Service to                  
                    support his claim of the Earned Income Credit.                    
                    C.  Petitioner responded to requests for                          
               information within the time deadlines requested by the                 
               Internal Revenue Service?                                              
                    D.  Did Petitioner comply to the amount necessary,                
               and in the time frame necessary to allow a claim for                   
               legal fees for this present Litigation?                                
                    E.  Has Petitioner proved his position by a                       
               preponderance of the evidence, which will then allow                   
               for legal fees to be covered by Respondent?                            
               [Reproduced literally.]                                                
               The answer was filed on November 20, 2003, by Debra A. Bowe            
          (hereinafter sometimes referred to as Bowe), Associate Area                 
          Counsel (Small Business/Self-Employed).  Paragraph 4 of this                
          answer is as follows:                                                       
               4.  A., B., C., Denies.  D. and E., Alleges these are                  
               not assignments of error susceptible to an admission or                
               denial by respondent.                                                  
          The answer denies “for lack of present information” substantially           
          all of the petition’s fact allegations.                                     







               8 The denial of the claimed dependency exemption deductions            
          does not affect petitioner’s income tax liability.  Accordingly,            
          we treat the earned income credit as the only relevant tax issue            
          in the instant case.                                                        




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