25 the statutory notices. Corporate petitioners have always seen the substantiation issue as concerning substantiation of payment. At trial, documents were stipulated that substantiate the challenged management payments. Indeed, respondent, except for some small matters of detail, essentially failed at trial to dispute the substantiation issue. However, respondent on brief not only continues to deny that the payments to Pertinax for management services and to Mr. Munro for rent have been substantiated, but now argues that Alondra and Edco were required to and failed to substantiate their total deductions for wages and management services. Insofar as the issue is substantiation of payment, corporate petitioners' motion is moot. Respondent's belated demand for substantiation of Alondra's total deductions for wages is unacceptable. In the period in question, Alondra had between 175 and 200 employees.12 Before briefing, respondent had challenged only payments to Pertinax and Mr. Munro. There was no reason for Alondra to anticipate that it would have to substantiate wages paid to its own employees. Inasmuch as this matter was not even argued until briefing, we consider it not to be before the Court. Generally, we will not consider issues that are raised for the first time at trial or on brief. Foil v. Commissioner, 92 T.C. 12We do not discuss here Edco's three employees, because respondent's notice disallowed all of Edco's $35,671 deduction for wages and salaries.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011