Ragnhild A. Westby - Page 80

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          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,              






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