Gilbert Vasquez - Page 41

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               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,                             





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