- 17 - Commissioner, 64 T.C. 989, 997 (1975). Such prejudice arises when the opposing party would be prevented from presenting evidence that might have been offered if the issue had been timely raised, or the opposing party would otherwise be surprised and placed at a disadvantage. DiLeo v. Commissioner, supra at 891-892; Markwardt v. Commissioner, supra at 997. It is also the rule of this Court that claims related to the statute of limitations are affirmative defenses that must be pleaded or proved at trial and upon which the taxpayer bears the burden of proof. Rules 39, 142(a); Woods v. Commissioner, 92 T.C. 776, 779 (1989). We conclude that the foregoing principles render consideration of petitioner’s argument inappropriate here. At minimum, the posture in which this issue has arisen deprived respondent of the opportunity to introduce evidence concerning petitioner’s agreement to extend the statute and the authority of his representative. Additionally, petitioner has submitted no materials to support his allegations; he has merely indicated that he is attempting to obtain such proof through an FOIA suit against respondent. We surmise from the grounds recited in his motion to extend the time for filing answering briefs that he would seek to proffer evidence and argument on this matter using his reply brief as the vehicle, which would again raise complicationsPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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