- 5 - to a degree that could satisfy a reasonable person." Pierce v. Underwood, supra at 565. The Court must "consider the basis for respondent's legal position and the manner in which the position was maintained." Wasie v. Commissioner, 86 T.C. 962, 969 (1986). The reasonableness of the Commissioner’s position and conduct necessarily requires considering the facts available to the Commissioner at that time. Coastal Petroleum Refiners, Inc. v. Commissioner, 94 T.C. 685, 689 (1990); DeVenney v. Commissioner, 85 T.C. 927, 930 (1985). Whenever there is a factual determination, the Commissioner is not obliged to concede a case until the Commissioner receives the necessary documentation which proves the taxpayer's contentions. Brice v. Commissioner, T.C. Memo. 1990-355, affd. without published opinion 940 F.2d 667 (9th Cir. 1991); Currie v. Commissioner, T.C. Memo. 1989-23. The fact that the Commissioner eventually loses or concedes a case does not establish an unreasonable position. Sokol v. Commissioner, 92 T.C. 760, 767 (1989). In this case, respondent received third party payer information, the Form W-2, which stated that petitioner received taxable wages of $4,889.98 in 1996. Respondent attempted to verify the information with petitioner and asked petitioner to provide substantiation that he did not receive the money. Petitioner produced only a copy of the second check that was dated in 1998. Respondent was justified in not accepting thePage: Previous 1 2 3 4 5 6 7 Next
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