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14-day rule contained in that order, which states that, in the
absence of good cause shown, the Court may exclude from evidence
any documents not “exchanged by the parties at least 14 days
before the first day of the trial session.”
The documents petitioner offered during the trial that were
accepted into evidence indicate that petitioner did, in fact,
make certain expenditures during the years at issue.2 But there
is no indication that those documents (copies of canceled checks,
bank statements, receipts, correspondence, petitioner’s
handwritten notes, and other documentation) reflect expenditures
that relate to any trade or business petitioner conducted during
the 1996-98 taxable years.
Nor does petitioner’s trial testimony support his position.
Other than stating that he has “engaged in business activity for
the past 25 years” and has been “consulting and developing
companies over many years”, and that he “started back in 1980
with a company, ASK Enterprises and * * * tried to develop the
company over the years”, his testimony generally describes the
manner in which he was thwarted by third parties from pursuing
any business activities.
Neither petitioner’s exhibits nor his testimony is
sufficient to establish that he was engaged in a trade or
business during the 1996-98 period. Moreover, petitioner’s 1996-
2 Respondent allowed some of those substantiated
expenditures as Schedule A deductions.
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Last modified: May 25, 2011