-17- Respondent argues that her administrative and judicial position regarding petitioner's 1990 discharge of indebtedness was substantially justified. Petitioners disagree. With regard to the administrative proceeding, the revenue agent encountered several significant factual inconsistencies. Petitioners bore the burden of establishing that the section 108(a)(1)(B) or (e)(5) exception applied. Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Because it was unclear whether petitioner was insolvent at the time the debt was canceled, it was impossible to determine whether section 108(a)(1)(B) applied. Neither were there sufficient facts to establish that section 108(e)(5) applied. If petitioner was solvent, there was no evidence that the reduced debt was the debt "of a purchaser of property to the seller of such property". Sec. 108(e)(5). In effect, petitioners acted as if the burden of establishing the facts of the case were on respondent. It is not unreasonable for the Commissioner to require a taxpayer to corroborate its claims regarding a dispositive and unresolved fact. Baker v. Commissioner, 83 T.C. 822, 830 (1984), vacated and remanded on another issue 787 F.2d 637 (D.C. Cir. 1986); Fallin v. Commissioner, T.C. Memo. 1993-332; Caparaso v. Commissioner, T.C. Memo. 1993-255. The Commissioner was not required to concede this case before she received the requested documentation necessary to prove petitioners' contentions. See Brice v. Commissioner, T.C. Memo. 1990-355, affd. without published opinion 940 F.2d 667 (9thPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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