- 41 - On April 5, 2004, petitioner finally provided documentation by the unorthodox (in this Court) device of a motion in limine. Although the road thereafter was bumpy, on September 8, 2004, Wu sent to Moffatt a proposed stipulation of settled issues, agreeing that petitioner is entitled to the claimed earned income credit and that petitioner had made an overpayment of $2,890; in essence, respondent conceded the case. Respondent’s position--that petitioner was not entitled to the claimed earned income credit unless petitioner could show he was so entitled--was substantially justified. When petitioner finally did provide the requested documentation--more than 10 months after respondent first asked for it and more than 4 months after respondent filed the answer in the instant case--respondent conceded the case 5 months later. It is evident that this delay is attributable in significant part to the aggressive postures presented by those who spoke for both parties. Nevertheless, the delay was not unreasonably long. See, e.g., cases collected at Sokol v. Commissioner, 92 T.C. 760, 765 (1989). We conclude, and we have found, that respondent has successfully carried the burden of establishing that the position of the United States in the instant judicial proceeding was substantially justified. On answering legal memorandum, petitioner argues as follows: The burden of establishing that the position of the United States was substantially justified,Page: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
Last modified: May 25, 2011