Inverworld, Inc., et al. - Page 29

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          does not contain any evidence of what such a fee might be.                  
          Moreover, petitioners' apportionment methodology is an argument             
          which could have been made before the filing of our prior                   
          opinion.10  Generally, we do not grant reconsideration to resolve           
          issues which could have been raised during the prior proceedings            
          because the parties cannot try their cases with hindsight.  CWT             
          Farms, Inc. v. Commissioner, supra.  Consequently, as to the                
          client incorporation fees, apart from the correction of a                   
          computational error,11 we do not reconsider our holdings with               
          respect to the section 482 allocations of income to INC.                    
               On a final note regarding the section 482 allocations, we              
          are satisfied that, even if LTD were entitled to deduct (1) the             
          section 482 allocations of income to INC as additional                      
          compensation expenses (we address such correlative adjustments to           
          LTD's income, infra), (2) its direct costs (except for the                  
          interest amounts in the "Interest Income" category, which have              
          already been excluded in our prior opinion), and (3) the                    
          compensation expenses for the fees already paid to INC, LTD would           
          nevertheless have an excess of income over expenses for each of             


          10   As we stated, supra, petitioners did not provide an                    
          apportionment methodology in the first proceeding, and the record           
          did not provide sufficient information to establish an                      
          apportionment methodology of our own.                                       
          11   The amount of LTD's revenues from "Client incorporation and            
          trust creation fees" during taxable year ended June 30, 1986, on            
          page 213 of our prior opinion should be changed from $169,263 to            
          $147,951.                                                                   




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