National Industrial Investors, Inc. - Page 9

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                  Respondent disallowed the claimed business expenses for 1989                         
            and 1990 as a result of petitioner's failure to substantiate the                           
            expenditures and/or their business purpose.  At trial, we held                             
            that expenses respondent had found unsubstantiated were, in large                          
            part, not allowable, reflecting the reasonableness of                                      
            respondent's position at least as to the inadequately documented                           
            expenses.                                                                                  
                  Respondent conceded some deductions and admitted that                                
            petitioner had substantiated some of the expenditures that had                             
            been in controversy, although she maintained that such                                     
            expenditures lacked a business purpose.  The Court substantially                           
            sustained petitioner as to many of these expenses.  Although                               
            respondent has conceded that petitioner has not unreasonably                               
            protracted the proceedings, we note that petitioner repeatedly                             
            failed to respond adequately to respondent's requests for records                          
            and documents, and refused to permit respondent the opportunity                            
            to meet with Frances Byrne, petitioner's president, to explore                             
            further the nature of its business and the purpose of the                                  
            corporation's expenditures.  Moreover, correspondence between the                          
            parties' counsel reveals that records introduced at trial were                             
            not continually available to respondent's counsel and some were                            
            produced as late as November 1994, one year after the petition                             







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