- 13 - awarded where a case was settled at the time of trial after the taxpayer substantiated his basis to reduce sales proceeds determined to be income). The record in this case establishes repeated failures of petitioner to meet with the IRS or respondent’s counsel and to provide the information that ultimately led to the stipulation and settlement of various items of income in this case. There was no stipulation with respect to the claimed bad debt expenses because petitioner did not raise them prior to trial, tendered purported notes only the day of trial, and tendered copies of canceled checks 6 months after trial as an attachment to his answering brief. Petitioner’s failure to produce the documentary materials was a violation of the Court’s Standing Pre-Trial Order and the specific order of May 6, 2003, granting respondent’s motion to compel production of documents. Petitioner’s only explanation is that he was busy and that he did the same thing in relation to a prior case that was settled with a determination that he owed no additional taxes for 1994 and 1998. Petitioner’s violation of the Court’s orders and Rules on a prior occasion, however, is not an excuse for his repeating that conduct. The record supports the inference that petitioner maintained this action primarily for delay. In any event, the record is clear that he unreasonably failed to pursue available administrative remedies. The facts of this case are indistinguishable fromPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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