- 8 - commenced in April 1996, and respondent conceded the for profit issue in May 1996. Respondent is entitled to a reasonable period of time in which to review documentation and modify her position. Sokol v. Commissioner, 92 T.C. 760, 765 n.10 (1989); Harrison v. Commissioner, 854 F.2d 263 (7th Cir. 1988), affg. T.C. Memo. 1987-52. In Harrison v. Commissioner, supra, the Court held that respondent's concession, some 6 months after she filed her answer, was reasonable. In this instance, respondent conceded the section 183 issue 5 months after she filed her answer and within 2 months after the information described above was brought to respondent's attention. This concession falls within the boundaries of a reasonable period of time. We conclude that respondent's position had a reasonable basis in both law and fact. Pierce v. Underwood, 487 U.S. 552 (1988). Accordingly, we hold that respondent's position was substantially justified and that petitioner is not entitled to litigation costs under section 7430. Petitioners' motion will therefore be denied. An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011