Tae M. & Young J. Kim - Page 18




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          factual determination, the Commissioner is not obliged to concede           
          a case until the Commissioner receives the necessary documenta-             
          tion to prove the taxpayer’s contentions”, Corkrey v. Commis-               
          sioner, 115 T.C. at 375 n.5, and that “after the Commissioner               
          receives the proper documentation, a reasonable period of time              
          must be given to analyze the documents and make adjustments                 
          accordingly”, id.  On numerous occasions, the Court has found               
          that, in the absence of evidence undermining the reliability of             
          information returns provided to the Commissioner or otherwise               
          substantiating a taxpayer’s contentions, reliance by the Commis-            
          sioner on information returns is substantially justified.  See,             
          e.g., id.                                                                   
               In the instant case, respondent relied on the EquiServe                
          Forms 1099-B in making the $21,267 gross proceeds determination.            
          At various times, respondent made requests to petitioners for               
          information about such gross proceeds.  Petitioners did not                 
          provide any information or explanation in response to those                 
          requests.  It was only after respondent requested information               
          from Computershare (formerly EquiServe) and Fannie Mae, and                 
          received in December 2005 relevant information from Fannie Mae,             
          that respondent had any evidence showing that respondent’s                  
          $21,267 gross proceeds determination was incorrect.  On December            
          19, 2005, shortly after having received that information from               
          Fannie Mae, respondent conceded that determination.  On the                 







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