- 16 - petitioner’s name reflect hundreds of transactions, a large percentage of which appear personal in nature, and petitioner has not suggested any way of identifying those which allegedly represent business expenses. The admission of these materials would therefore do little, if anything, to provide the requisite substantiation for petitioner’s expenditures. Furthermore, even if the statements offered support for the disputed deductions, we would deny their admission on grounds of prejudice to respondent. By submitting the documents after trial, petitioner deprived respondent of any opportunity to examine or question them during the proceeding. Given the background in this case, we cannot countenance such tardiness. We again affirm our previous denial. B. Petitioner’s Argument That the Notice of Deficiency is Time Barred In his opening brief, petitioner puts forward the argument that the notice of deficiency is time barred because his representative lacked authority to extend the statute of limitations for assessment. This issue was not mentioned in the petition, in petitioner’s trial memorandum, or at trial. It is well settled that a matter raised for the first time on brief will not be considered when to do so would prejudice the opposing party. DiLeo v. Commissioner, 96 T.C. 858, 891-892 (1991), affd. 959 F.2d 16 (2d Cir. 1992); Markwardt v.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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