Neil Malcolm Cowie and Karen Christine Shunk - Page 6




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          basis in both law and fact.  See Maggie Mgmt. Co. v. Commissioner,          
          108 T.C. 430, 443 (1997).  Respondent is entitled to a reasonable           
          amount of time to evaluate information before changing his                  
          position or conceding an issue.  See Sokol v. Commissioner, 92              
          T.C. 760, 766-768 (1989).                                                   
               We conclude that respondent’s position was reasonable and              
          substantially justified in both the administrative and litigation           
          proceedings.  A significant factor in determining whether the               
          Commissioner’s position is substantially justified as of a given            
          date is whether the taxpayer has presented all relevant                     
          information under the taxpayer’s control to the appropriate IRS             
          personnel.  Sec. 301.7430-5(c)(1), Proced. & Admin. Regs.                   
          Petitioners failed to provide the requisite information about Dr.           
          Cowie for respondent to verify that all the income from the                 
          brokerage account had been reported before September 5, 2005.               
          Petitioners allege that on that date they sent to respondent a              
          facsimile containing that information, but respondent’s counsel             
          did not have that information until after the answer was filed.             
          Once respondent’s counsel sent the requisite information to the             
          Appeals Office, respondent conceded the instant case.                       
          Accordingly, we hold that respondent’s position in the                      
          administrative and litigation proceedings was substantially                 
          justified, and that petitioners are not entitled to recover their           
          administrative or litigation costs.                                         







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