- 9 - B. Deduction for Road Construction At trial, petitioner raised, for the first time, the issue of an additional deduction for costs associated with building a logging road on his property. Petitioner’s petition does not address this issue. Petitioner did not amend his petition to raise this issue. Petitioner did not exchange documentary evidence related to the logging road with respondent before the trial, as directed by the Court’s pretrial order dated October 16, 2002. Ordinarily, we will not consider issues that are raised for the first time at trial or on brief. See Foil v. Commissioner, 92 T.C. 376, 418 (1989), affd. 920 F.2d 1196 (5th Cir. 1990); Markwardt v. Commissioner, 64 T.C. 989, 997 (1975). This Court has held on numerous occasions that it will not consider issues which have not been pleaded. See, e.g., Estate of Mandels v. Commissioner, 64 T.C. 61 (1975); Estate of Horvath v. Commissioner, 59 T.C. 551, 556 (1973); Frentz v. Commissioner, 44 T.C. 485, 490-491 (1965), affd. by order 375 F.2d 662 (6th Cir. 1967). At trial, the Court did not allow petitioner to raise this issue. Further, the Court sustained respondent’s objection to the admission of evidence related to the logging road. In his posttrial brief, petitioner again attempts to raise the issue of deduction of expenses associated with the construction of the logging road. This issue is not before the Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011