Charles B. Owens and Sally L. Owens - Page 14




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          subsequent abandonment of that position without any additional              
          factual development.  For example, in Coastal Petroleum Refiners,           
          Inc. v. Commissioner, 94 T.C. 685, 689-690 (1990), the                      
          Commissioner acknowledged “that his post-trial concession was not           
          based upon new facts presented at trial, but rather upon a                  
          reconsideration of his basic legal position”, and we agreed that            
          such concession “was based on an abandonment of his legal                   
          position.”  We nevertheless found the Commissioner’s position to            
          be reasonable.  Id. at 694-695.                                             
               This Court has observed:  “The fact that respondent’s                  
          counsel ultimately [decides] to concede the case may reflect a              
          consideration of a variety of factors-–including litigation                 
          risks--which earlier were not considered or which were not                  
          weighed as heavily by respondent.”  Estes v. Commissioner, T.C.             
          Memo. 2000-96.  Such appears to be the case here.  We conclude              
          that despite respondent’s concession of the underlying dispute              
          between the parties, his position with respect to the discharge             
          of indebtedness issue was reasonable.                                       
               B.   The Penalty Issue                                                 
               As noted above, respondent asserted that petitioners were              
          liable for the section 6662 accuracy-related penalty due to                 
          petitioners’ negligence or disregard of rules or regulations.               
          Section 6662(c) provides that, for purposes of section 6662, the            
          term “negligence” includes any failure to make a reasonable                 






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