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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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