- 11 - Petitioner also argues that respondent should be estopped from challenging the adequacy of petitioner's records because respondent failed to raise the issue in a prior audit. This argument is not well taken. It is well established that the Commissioner's failure to challenge a taxpayer's treatment of an item in an earlier year does not preclude an examination of the correctness of the treatment of that item in a later year. Automobile Club of Michigan v. Commissioner, 353 U.S. 180, 183 (1957); Alfred I. duPont Testamentary Trust v. Commissioner, 66 T.C. 761, 765 (1976), affd. 574 F.2d 1332 (5th Cir. 1978). Lastly, petitioner claims respondent failed to employ certain "standard auditing procedures" that would have enabled respondent to easily ascertain the correct amount of the deficiencies. While, as mentioned above, petitioner does not directly attack respondent's method for determining gross income and deductions, petitioner contends that respondent was required to make net worth analyses similar to that prepared by Mittelstedt. Leaving aside the fact that this supposedly simple endeavor cost petitioner almost $35,000 in accounting fees, petitioner has not cited, and we are not aware of, any authority that requires the Commissioner to employ particular auditingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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