- 4 - During the audit by respondent's representatives of petitioners' Federal income tax returns for 1985, 1986, and 1987, petitioners did not cooperate with respondent's representatives. In spite of requests therefor, petitioners did not make available to respondent's representatives any meaningful books and records or other credible documentation regarding the various items that were examined. As a result of petitioners' failure to cooperate, respondent's audit adjustments and deficiency determinations at issue in this case were made on the basis of limited information and in some instances estimates. Respondent's deficiency determinations against petitioners for 1985, 1986, and 1987 were not arbitrary and capricious, and such deficiency determinations are entitled to the usual presumption of correctness. Welch v. Helvering, 290 U.S. 111, 115 (1933); Gatlin v. Commissioner, 754 F.2d 921, 923 (11th Cir. 1985, affg. per curiam T.C. Memo. 1982-489); Mendelson v. Commissioner, 305 F.2d 519, 522 (7th Cir. 1962), affg. T.C. Memo. 1961-319. After granting petitioners' request for a continuance, this case was tried at a special trial session beginning on January 10, 1994. At trial, petitioners submitted no credible and little understandable evidence relating to the adjustments at issue. Petitioners were unprepared. They offered incomplete and disorganized documentation. Many documents that were admitted at trial were objected to by respondent's counsel because the documents had not been exchanged with respondent's counsel priorPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011