Bryan J. Brennan and Kathryn J. Brennan, a/k/a/ Kathryn J. Law - Page 8

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          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.                











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