- 15 - received and verified adequate substantiation for the items in question. See Simpson Fin. Servs., Inc. v. Commissioner, T.C. Memo. 1996-317. Respondent is given a reasonable period of time in which to resolve a factual issue after receiving all relevant information. See Sokol v. Commissioner, 92 T.C. 760, 765-766 n.10 (1989). Respondent's position was that petitioners failed to report income from Phillip's illegal Ponzi scheme. That position was based in fact. Petitioners did not include the income on their returns. The adjustment to income was reduced not because Phillip received less money than the amounts determined by respondent, but solely because petitioners finally substantiated the repayments made by Phillip during the years at issue. Even in the petition, petitioners failed to specify the amount of the repayments made each year and merely asserted that Phillip believed the repayments equaled the amounts received. It took several requests from and meetings with Mr. Fried before all the voluminous documentation required to substantiate the claimed deductions was supplied to respondent. This documentation was not produced during the examination. Petitioners did not supply evidence substantiating their claim as to the alleged repayments until November 9, 1999, nearly 1 year after respondent filed the answer and over 9 months after petitioners promised to provide such evidence. See Harrison v.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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