- 27 - documents were supplied to the Fresno service center. 6. Petitioner requested depositions to be authorized by this Court to examine the word document, and or the absence of it and the use and recollection of statements made by IRS reps to Petitioner’s Counsel. This request was denied. Petitioner instead was forced on relying on Respondent obtaining statements regarding this mis-spelled word in Petitioner’s transcript. 7. Not surprisingly Respondent’s examination of supposed witnesses produced no smoking gun or even a recollection of comments regarding Petitioner’s case, which took place prior to Petitioner discovering the P22 showing error rates that are so staggering, that if those same error rates were done in private industry, and an individual was forced to suffer because of the error rate, civil and criminal charges would have flown from the egregious 54% error rate, and 75% of viewed cases having documentation supporting EIC qualification. [Reproduced literally.] In his answering legal memorandum petitioner states as follows: PETITIONER HAS ALLEGED THE GOVERNMENT’S POSITION WAS NOT SUBSTANTIALLY JUSTIFIED. All agree that �2412(d)(1)(B) requires a fee applicant to allege that the Government’s position “was not substantially justified. Scarborough v. Principi, 541 U.S. 401. It is not Petitioner’s responsibility to prove it was in fact substantially justified, only to allege that Respondent was not substantially justified. In this case, the claim Respondent was not substantially justified has already been made, which is described in the below paragraphs. Petitioner’s Motion for Legal Costs, dated 1-21-06, stated in 1. of the brief, that the dynamics of the Committee report versus the statute. In this recitation, Petitioner covered the magic words of substantially unjustified.Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011