- 40 - In Stieha v. Commissioner, 89 T.C. 784, 791 (1987), we stated that the Commissioner must review the taxpayer’s case, following adverse, controlling litigation, “in a reasonable and timely manner”. Accord Mid-Del Therapeutic Ctr., Inc. v. Commissioner, T.C. Memo. 2000-383. Correspondingly, respondent must demonstrate that he acted “in a reasonable and timely manner” after the issuance of CCN 2002-21 preparatory to conceding the deductibility of the loan origination/acquisition costs. We find that he so acted. Respondent’s counsel, Mr. Skinner, was under instructions to confirm his office’s position with respect to the consolidated cases in light of CCN 2002-21, and immediately upon obtaining confirmation that he should concede the deductibility of the loan origination/acquisition costs, he contacted petitioners’ counsel to concede that issue. The same or even longer periods between the event requiring the Commissioner to concede an issue and the actual concession have been held to be reasonable. See Harrison v. Commissioner, 854 F.2d 263, 265 (7th Cir. 1988) (Government’s conduct considered “reasonable” where, after being advised that the partnership in which the taxpayer was a limited partner had received a “no- change” letter, the Government’s counsel conceded the case “within a month” during which time counsel “verified information demonstrating that that was the proper course”), affg. T.C. Memo. 1987-52; Ashburn v. United States, 740 F.2d 843, 846, 850-851Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
Last modified: May 25, 2011