- 80 - reveals that, for 1988 and 1989, petitioner has substantiated Schedule C expenses in amounts that are less than the amounts claimed on her tax return for each year. The chart also illustrates what should be obvious by now-- respondent’s determination disallowing her Schedule C expenses for the years at issue was arbitrary and unreasonable. We cannot explain how the audit process malfunctioned so badly, but it is readily apparent that the malfunction occurred. The disallowance of petitioner’s business expenses after petitioner had produced auditable business records for considered review by the revenue agent and others has resulted in significant expenditures of time on the part of petitioner, respondent’s counsel, and this Court to conduct what was, in effect, an audit. This case has amply demonstrated that the litigation process is not well suited for the exchange of information that should occur in a properly conducted audit. D. Net Operating Losses Unlike the record made by petitioner with respect to her Schedule C income and deductions, the record made by petitioner with respect to her NOL carryforward deductions does not establish that respondent’s determinations disallowing petitioner’s NOL carryforward deductions were erroneous. Although petitioner alluded to the fact that respondent did not examine the NOLs during his examination of the years at issue,Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
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