James E. Blasius and Mary Jo Blasius, et al. - Page 40

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               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, 850-851               






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