- 6 - basis in both law and fact. See Maggie Mgmt. Co. v. Commissioner, 108 T.C. 430, 443 (1997). Respondent is entitled to a reasonable amount of time to evaluate information before changing his position or conceding an issue. See Sokol v. Commissioner, 92 T.C. 760, 766-768 (1989). We conclude that respondent’s position was reasonable and substantially justified in both the administrative and litigation proceedings. A significant factor in determining whether the Commissioner’s position is substantially justified as of a given date is whether the taxpayer has presented all relevant information under the taxpayer’s control to the appropriate IRS personnel. Sec. 301.7430-5(c)(1), Proced. & Admin. Regs. Petitioners failed to provide the requisite information about Dr. Cowie for respondent to verify that all the income from the brokerage account had been reported before September 5, 2005. Petitioners allege that on that date they sent to respondent a facsimile containing that information, but respondent’s counsel did not have that information until after the answer was filed. Once respondent’s counsel sent the requisite information to the Appeals Office, respondent conceded the instant case. Accordingly, we hold that respondent’s position in the administrative and litigation proceedings was substantially justified, and that petitioners are not entitled to recover their administrative or litigation costs.Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 10, 2007