- 15 - petitioner’s claimed deductions were substantiated. Respondent’s auditors reviewed petitioner’s records before respondent filed his answer. At the time of the review, petitioner was not available to provide assistance or information concerning his records. Without the benefit of petitioner’s assistance, respondent’s auditors found that the records failed to substantiate petitioner’s tax return positions. We are not persuaded by petitioner’s apparent argument that he is entitled to leave with respondent a box containing some of his records without adequate explanation and expect that respondent’s auditors somehow will figure out the details of his business and finances without the benefit of assistance or explanation by petitioner. After respondent filed his answer, an Appeals conference was held promptly. At the Appeals conference, petitioner disclosed the terms of his prenuptial agreement, which affected the division of business income and expenses. As soon as this information was disclosed, together with other explanations and documents requested by the Appeals officer, respondent allowed petitioner’s claimed deductions and conceded that petitioner was not liable for the additions to tax. For purposes of determining the reasonableness of respondent’s position, the Court considers the facts known to respondent at the time the position was taken. When respondentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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