- 51 - as to business expenditures made by check and business expenditures made by credit card. Respondent’s numbers on these two items are the numbers that the parties stipulated. Petitioners’ numbers are contrary to the stipulations. The stipulations are binding, unless the parties agree otherwise or the Court relieves a party from the binding effect “where justice requires.” Rule 91(e). Petitioners have not asked to be relieved from these stipulation, and nothing has been brought to the Court’s attention that leads us to conclude that justice so requires. Elec. Arts, Inc. v. Commissioner, 118 T.C. 226, 253 (2002). We hold that respondent has established by clear and convincing evidence the correctness of the 1994 adjustment (supra table 7) on account of business expenditures made by cash. (b) 1995.--Respondent contends petitioners made $4,136 business expenditures in cash in 1995.27 Petitioners contend on answering brief the correct amount is zero. Both sides calculate the cash expenditures by starting with “total expenditures reported” of $80,615. Both sides subtract from this amount, $4,600 telephone expenses and $1,250 insurance expenses. 27 Respondent’s contention on brief was $5,534. However, in the postbriefs proceedings (supra note 24) respondent conceded that three checks for Ford F250 truck payments (total $1,200) and one check for truck insurance ($198) should be added to the stipulated business expenditures made by check. This concession reduces pro tanto respondent’s contention as to cash business expenditures.Page: Previous 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Next
Last modified: May 25, 2011