- 27 - motion was made to add evidence to the record which should have been introduced or stipulated at an earlier time. We granted petitioners’ motion to reopen the record but only to the extent of certain concessions made by respondent; we denied that motion in all other respects. The record then was closed, and our opinion in Downing I was later issued. Respondent states that petitioners had in their possession before the trial all the evidence which they sought to have admitted into the record by their motion, and respondent argues: “They cannot be heard to complain at this late date that they were unfairly disadvantaged by having to check their own records against schedules prepared by respondent.” Even so, respondent made numerous concessions on matters raised in petitioners’ motion. See Downing I, nn. 24-27. Some of respondent’s concessions reflect errors that had been earlier made by respondent, which respondent both implicitly and expressly acknowledges. Each of the error corrections was in petitioners’ favor. The net effects of respondent’s concessions were to reduce unreported income for 1994 by almost $500, and for 1995 by more than $8,000. These amounts are not trivial in the context of the instant case. Petitioners should have noticed and corrected errors in the stipulation document before signing it, and they should have offered all evidence by the end of the trial. However, given thePage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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