-19- substantially justified. Sokol v. Commissioner, 92 T.C. 760, 767 (1989). To rule otherwise would "not only distort the truth but penalize and thereby discourage useful settlements." Pierce v. Underwood, supra at 568. The reasonableness of the Commissioner's position necessarily requires considering what the Commissioner knew at the time. Cf. Rutana v. Commissioner, 88 T.C. 1329, 1334 (1987); DeVenney v. Commissioner, 85 T.C. 927, 930 (1985). Respondent's position was reasonable in light of the issue presented and the information that was available to her during the administrative and judicial proceedings. See, e.g., Harrison v. Commissioner, 854 F.2d 263 (7th Cir. 1988)(concession approximately 6 months after answer filed, after respondent had an opportunity to verify information, held reasonable), affg. T.C. Memo. 1987-52; Wickert v. Commissioner, 842 F.2d 1005 (8th Cir. 1988) (concession 10 days after filing of answer, although it took several months to draft the stipulation of settlement, held to be reasonable), affg. T.C. Memo. 1986-277; Ashburn v. United States, 740 F.2d 843 (11th Cir. 1984)(11-month delay in conceding case not unreasonable because the issues were not simple); White v. United States, 740 F.2d 836, 842 (11th Cir. 1984)(concession of issue 3 months after issue raised was reasonable). In conclusion, we hold that respondent's administrative and judicial position was substantially justified; i.e., respondent's position had a reasonable basis in both fact and law.Page: 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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