Charles McHan and Martha McHan - Page 18

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               In addition to the transactions included in respondent’s               
          notices of deficiency, at trial respondent claims that in July of           
          1985 petitioner participated in an additional purchase and sale             
          of marijuana not included in respondent’s calculations.                     
          Respondent submits that this transaction involved petitioner’s              
          purchase of 500 pounds of marijuana for $275 per pound and                  
          petitioner’s sale of the marijuana for $550 per pound.  The                 
          inclusion of this transaction would result in an increased                  
          deficiency for 1985 on which respondent would bear the burden of            
          proof.  Rule 142(a); Achiro v. Commissioner, 77 T.C. 881, 890               
          (1981); Williams v. Commissioner, T.C. Memo. 1992-153, affd. 999            
          F.2d 760 (4th Cir. 1993).  We find the evidence insufficient to             
          satisfy respondent’s burden on this alleged sale of marijuana.              
               On brief, respondent also takes the position that the $20              
          per pound paid to the Colonel by petitioner for security and for            
          transporting the marijuana into the Untied States should not have           
          been added by respondent’s agent to petitioner’s cost of goods              
          sold for marijuana purchased from the Texas source.  Respondent             
          contends that under section 280E this amount is not properly                
          treated as an item of petitioner’s cost of goods sold.                      
               Generally, we do not consider issues that are raised for the           
          first time on brief, and we decline to consider this untimely               
          raised issue.  See, e.g., Foil v. Commissioner, 92 T.C. 376, 418            
          (1989), affd. 920 F.2d 1196 (5th Cir. 1990); Markwardt v.                   






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