- 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   NextLast modified: May 25, 2011