- 22 - and/or excessive. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). At trial, petitioner proved, and respondent admitted, that the income adjustments proposed in respondent’s notices of deficiency for all 4 of the years at issue were derived from two financial statements prepared by petitioner in 1987 and 1989. For 1987, respondent determined that petitioner had unreported Schedule C income equal to the “Employment Income” listed on the 1987 financial statement. For 1988, 1989, and 1990, respondent added the “Employment Income” listed on the 1989 financial statement to the net profit or loss reported on petitioner’s Schedules C for 1988, 1989, and 1990 to arrive at the income adjustments for 1988-1990. During trial, respondent’s counsel abandoned the income adjustments as originally determined in the notices of deficiency and offered as stipulated exhibits what purported to be bank deposits analyses for the years at issue.12 Based on the bank deposits analyses, respondent conceded the income adjustments for 1988 and 1990 in their entirety and substantially reduced the income adjustments for 1987 and 1989. 12In his opening statement, respondent’s counsel stated that the bank deposits analyses were prepared because respondent’s Appeals Office recognized that the income adjustments contained in the notice of deficiency that were based on the 1987 and 1989 financial statements were “not a strong position for the Service.”Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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