Phillip A. O'Bryon and Cyndie W. O'Bryon - Page 16

                                       - 16 -                                         
          Commissioner, 854 F.2d 263 (7th Cir. 1988) (concession some 6               
          months after the answer was filed, after the Government had an              
          opportunity to verify information, held reasonable), affg. T.C.             
          Memo. 1987-52; Sliwa v. Commissioner, 839 F.2d 602, 609 (9th Cir.           
          1988) (reasonable for concession not to have been made until the            
          IRS had opportunity to review records obtained some 6 months                
          prior), affg. an unreported opinion of this Court; Ashburn v.               
          United States, 740 F.2d 843 (11th Cir. 1984) (11-month delay in             
          conceding case not unreasonable); White v. United States, 740               
          F.2d 836, 842 (11th Cir. 1984) (Government's concession of issue            
          3 months after issue raised was reasonable).                                
               Petitioners suggest that respondent was aware of the                   
          restitution ordered by the State court after Phillip pleaded                
          guilty to grand theft, and assert, therefore, that respondent               
          knew that Phillip had made the repayments.  Petitioners'                    
          contention is wanting in logic.  The State court issued the order           
          in 1995.  Any repayments made as a result of the order were                 
          necessarily made after the years at issue in this case and,                 
          therefore, would not be deductible in the years at issue.  Based            
          on the facts available to respondent, we find it reasonable for             
          respondent not to offset the embezzlement income with the alleged           
          payments until the repayments were substantiated.                           

Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  Next

Last modified: May 25, 2011