- 26 - not believe petitioner’s declaration that in May 2003 petitioner sent appropriate documentation to respondent. Accordingly, respondent concludes, when respondent took a position in the proceeding respondent’s position was substantially justified based on what respondent knew at that time. In his opening legal memorandum petitioner states as follows: B. The position advanced by the Respondent was substantially unjustified by the facts that five children were dependants of Petitioner. To deny the two EIC Deductions when five children were involved Petitioner believes was both unjustified, and based on red lining the area in which Petitioner lives. 1. Respondent, Petitioner contends, was on notice of the error when Petitioner called Respondent’s service center on more than one occasion. 2. Respondent, in documents already in front of this Court, indicated a recommendation for qualification of EIC as to Petitioner, as of 11-19-03. 3. Petitioner also submitted an affidavit claiming documents were supplied to Fresno service center. 4. Only recently has Petitioner discovered an audit, as to Fresno showing 75% of reviewed cases of disallowed EIC credits had documents in them supporting EIC allowance. This same report< Exhibit P22, showed Fresno service center as having the highest error rate, with over 54% error rate, compared to other service centers processing EIC. 5. Petitioner has obtained a document, supplied by Respondent, showing the word Document on it, although mis-spelled, at or near the time Petitioner claimsPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011