Gilbert Vasquez - Page 32

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          establish that you were entitled to the earned income credit, we            
          disallowed it.”                                                             
               The petition’s assignments of error include the following:             
               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? [Sic]                                                 
          In the answer, respondent denied these assignments of error;                
          respondent also denied “for lack of present information”                    
          petitioner’s numerous assertions of fact as to the basis for his            
          claimed earned income credit.                                               
               Thus, respondent’s position at the time of the answer was:             
          (1) Petitioner was not entitled to the earned income credit; (2)            
          petitioner had not provided the requested documentation to                  
          support his claimed earned income credit; and (3) respondent did            
          not have information as to the truth of the petition’s factual              
          assertions as to petitioner’s eligibility for the earned income             
          credit.                                                                     
               Ultimately, respondent conceded error on the first part of             
          this position; i.e., respondent conceded that petitioner was                
          entitled to the earned income credit, and in the full amount                
          petitioner had claimed on his tax return.  This concession came             
          about after petitioner provided documentation to support his                







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Last modified: May 25, 2011