Henry P. and Darlene C. Brantley - Page 17

                                                 -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 (9th                           




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