B. Suri - Page 13

                                       - 13 -                                         
          awarded where a case was settled at the time of trial after the             
          taxpayer substantiated his basis to reduce sales proceeds                   
          determined to be income).                                                   
               The record in this case establishes repeated failures of               
          petitioner to meet with the IRS or respondent’s counsel and to              
          provide the information that ultimately led to the stipulation              
          and settlement of various items of income in this case.  There              
          was no stipulation with respect to the claimed bad debt expenses            
          because petitioner did not raise them prior to trial, tendered              
          purported notes only the day of trial, and tendered copies of               
          canceled checks 6 months after trial as an attachment to his                
          answering brief.  Petitioner’s failure to produce the documentary           
          materials was a violation of the Court’s Standing Pre-Trial Order           
          and the specific order of May 6, 2003, granting respondent’s                
          motion to compel production of documents.  Petitioner’s only                
          explanation is that he was busy and that he did the same thing in           
          relation to a prior case that was settled with a determination              
          that he owed no additional taxes for 1994 and 1998.  Petitioner’s           
          violation of the Court’s orders and Rules on a prior occasion,              
          however, is not an excuse for his repeating that conduct.  The              
          record supports the inference that petitioner maintained this               
          action primarily for delay.  In any event, the record is clear              
          that he unreasonably failed to pursue available administrative              
          remedies.  The facts of this case are indistinguishable from                






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011