- 14 - 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 reasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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