- 5 - the total adjustment, petitioner contends in its second motion that the burden of proof with respect to the $151,382 should shift to respondent. A hearing was held on both motions. At the hearing, neither party presented any witnesses, and no documentary information was submitted into evidence. The hearing consisted solely of the arguments of counsel. It is undisputed that, sometime after petitioner's 1991 return was filed, an engineer agent with the Internal Revenue Service (IRS) issued to petitioner an information document request with respect to the $658,000 expenses referred to in the disclosure statement, requesting an itemization of the expenses comprising the $658,000 and documentation to support the claimed expenses. Petitioner replied with the following itemization: Lane & Waterman--legal advice $473,453 Lane & Waterman--legal advice 565 KPMG--comfort letter 17,350 KPMG--tax opinion 15,250 Unidentified 151,382 Total $658,000 No documentation was provided the IRS agent to support the $151,382 unidentified costs. Petitioner contends that the $151,382, described in the above itemization as "Unidentified" costs, was included by error in the $658,000 of expenses referred to on the disclosure statement and that only $506,618 was incurred and claimed as aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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