- 9 - supporting Schedule C items for car and truck expenses, professional dues, telephone and communications, local travel, and CPE. Meanwhile, Schedule C deductions had likewise become a focus of the audit for 1998 and 1999, as evidenced by a Form 4564 dated May 14, 2001, identified as “Request Number 2” for 1998 and 1999, requesting documentation with respect to, inter alia, “All Business expenses listed on Schedule C for both years” and “All travel and entertainment expenses for both years listed on Schedule C including a diary showing your travel itinerary”. On January 22, 2002, a final examination meeting was held with Mr. Gendler. The record indicates that as of that date, petitioner had not provided further materials responsive to the above-described requests for substantiation. At the meeting, Mr. Gendler, acting under direction from petitioner’s counsel, Anthony Bentley (Mr. Bentley), declined to consent to an extension of the time for assessment. As a result, a decision was made to close the case based on the impending statute of limitations. Shortly after the meeting, Mr. Gendler apparently provided copies of Amex statements for 1997 and certain bank statements, but these items were not analyzed or incorporated in the adjustments on account of the decision to close the case. The notice of deficiency underlying this proceeding was issued on February 25, 2002. Among other things, the noticePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011