Adrian D. Troutman, Jr. - Page 9

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          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.                          







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