- 18 - 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 thePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 NextLast modified: November 10, 2007