John A. and Donna L. Rowe - Page 12




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          petitioner was entitled to substantial relief under section                 
          6015(c) for various income items.  These concessions were                   
          subsequently agreed to in the stipulation of facts and the first            
          supplemental stipulation of facts.  Respondent’s concessions as             
          to these income items within 2 months of the filing of the                  
          amended petitions were reasonable in light of the fact that                 
          current section 6015 was a new statute raising interpretive                 
          issues.  See, e.g., White v. United States, 740 F.2d 836, 842               
          (11th Cir. 1984) (Government’s concession of issue 3 months after           
          issue raised was reasonable); Sokol v. Commissioner, supra at 765           
          n.10 (citing cases discussing reasonable amount of time within              
          which to investigate claims and concede issues); Livingston v.              
          Commissioner, supra (Commissioner entitled to take reasonable               
          amount of time after claim for relief from joint and several                
          liability to verify whether facts established that taxpayer was             
          entitled to such relief).                                                   
               B.   Respondent’s Concessions in Stipulation of Settled                
                    Issues                                                            
               On May 7, 2001, the parties filed a stipulation of settled             
          issues in which both respondent and petitioner conceded certain             
          issues related to petitioner’s entitlement to relief from joint             
          and several liability.  Petitioner has not alleged specific facts           
          to establish why the delay in granting relief from the time the             
          petitions were filed until the date the stipulation of settled              
          issues was filed was not substantially justified.  Indeed, the              





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