Alec Jeffrey Megibow - Page 16

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          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.                      






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