Robert Lloyd - Page 15




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          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 respondent               






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