- 7 - obliged to concede a case until respondent 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. Moreover, after respondent receives documentation, respondent is allowed a reasonable period of time in which to analyze the documentation and modify its position accordingly. Sokol v. Commissioner, supra at 765-766. In this case, respondent had received information that petitioner received income from a third party payor. Petitioner did not respond to respondent's repeated requests for information about the reported income. Respondent made multiple attempts to obtain the relevant documentation. When respondent finally received the documentation, respondent analyzed it and conceded the case. Based on this record, we find that petitioner failed to show that respondent's position was not substantially justified. In fact, respondent was substantially justified. Consequently, petitioner's motion will be denied. Reviewed and adopted as the report of the Small Tax Case Division. An appropriate order and decision will be entered.Page: Previous 1 2 3 4 5 6 7 8
Last modified: May 25, 2011