- 11 - Petitioner has not shown that this is a situation where respondent's position had no possible chance of success at the time the position was taken. The Bowdens had alleged in their petition to the Court that they were not liable for any additional tax. Therefore, respondent's initial failure to state that the corporation was entitled to a section 362 basis adjustment was not unreasonable given the possibility that the Bowdens might prevail in their case. In the end, the Bowdens conceded gain recognition under section 357. Nevertheless, respondent's initial failure to compute a section 362 basis adjustment for the corporation was proper given the unknown ultimate outcome of the Bowdens' case. Respondent filed an answer to the amended petition, and an amended answer to the amended petition. In those pleadings, respondent agreed that the corporation was entitled to the corresponding section 362 adjustment should the Bowdens recognize gain from the section 351 transaction. We find the Government's position reasonable given the facts and circumstances of this case. The Court has previously indicated that it is preferable for the Government to clearly indicate that alternative positions are being taken and to state that there is no intention to tax the same income twice. See Dixson Intl. Serv. Corp. v. Commissioner, supra at 715; Doggett v. Commissioner, 66 T.C. 101, 104 (1976).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011