David Dobrich and Naomi Dobrich - Page 3

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               In T.C. Memo. 1997-477, we decided that petitioners were not           
          entitled to defer recognition of gain under section 1031, the               
          gain was recognizable in 1989, petitioners did not qualify for              
          installment sales treatment to place income in 1990, and                    
          petitioners were liable for the section 6663 fraud penalty for              
          1989.                                                                       
               Under Rule 155(a), parties are required to submit                      
          "computations pursuant to the Court's determination of the                  
          issues, showing the correct amount of the deficiency, liability,            
          or overpayment to be entered as the decision."  Parties are not             
          permitted to raise new issues or  matters in connection with the            
          Rule 155 computations.  Bankers Pocahontas Coal Co. v. Burnet,              
          287 U.S. 308 (1932).  The starting point for the computation is             
          the statutory notice of deficiency from which the parties compute           
          the redetermined deficiency based upon matters agreed by the                
          parties or ruled upon by the Court.  Home Group, Inc. v.                    
          Commissioner, 91 T.C. 265, 269 (1988), affd. 875 F.2d 377 (2d               
          Cir. 1989); Whitham v. Commissioner, a Memorandum Opinion of this           
          Court dated Jan. 30, 1953.                                                  
               Petitioners, in their proffered computation, filed                     
          December 11, 1997, objected to respondent's 1989 computation on             
          several grounds.  First, because we found that petitioners'                 
          transactions were sales and not like-kind exchanges, they contend           
          that the $3,969,000 of sales proceeds used by respondent should             





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