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led to the Court's inclusion of such use of the percentage of
income method in its opinion. See Central Pennsylvania Savings
Association v. Commissioner, 104 T.C. 384,386 (1995). Petitioner
did not move to revise our opinion. Under these circumstances,
the oblique reference to "certain of the taxable years", see
supra note 4, and the mere fact that the Forms 1139 were filed
prior to the issuance of the notice of deficiency herein are
simply insufficient to sustain petitioner's position.
Second, petitioner asserts that it is respondent who is
raising the new issue because she did not include the experience
method of calculation in her computation. Whatever may be the
situation where there is an alternative ground for supporting a
deficiency, we see no reason to impose on respondent, after
winning the case, an obligation to construct a lesser deficiency
on a basis other than that represented to the Court as the sole
issue for decision. Cf. Paccar, Inc. v. Commissioner, 849 F.2d
393, 399 (9th Cir. 1988), affg. 85 T.C. 754 (1985).
We think it was incumbent upon petitioner to raise the use
of the experience method as an alternative basis for calculating
the additions to its bad debt reserves, in the event that its
position as to the invalidity of respondent's regulations in
tax years in accordance with Treas. Reg. �1.593-
6A(b)(5)(vi) and (vii) which requires that taxable
income reflect any NOL carryback before deduction for
the addition to the bad debt reserve is computed. This
recomputation resulted in a smaller loan loss reserve
deduction.
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