Tate & Lyle, Inc. and Subsidiaries - Page 11

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          petitioner will have ample opportunity to prepare to try the new            
          issue.                                                                      
          Discussion                                                                  
               Section 6214(a) provides that this Court shall have                    
          jurisdiction to redetermine the correct amount of the deficiency            
          even if the amount so redetermined is greater than the amount               
          determined by the Commissioner in the notice of deficiency mailed           
          to the taxpayer if the Commissioner asserts a claim therefor at             
          or before the hearing or a rehearing.  Consistent with the                  
          general mandate of section 6214(a), this Court generally will               
          only exercise its jurisdiction over an increased deficiency where           
          the matter is properly pleaded.  See Markwardt v. Commissioner,             
          64 T.C. 989, 997 (1975), and cases cited therein.                           
          Rule 41(a) states in relevant part that a pleading to which                 
          no responsive pleading is permitted may be amended at any time              
          within 30 days after it is served if the case has not yet been              
          placed on a trial calendar.  Otherwise, the pleading may be                 
          amended only by leave of Court or by written consent of the                 
          adverse party, and leave shall be given freely when justice so              
          requires.  The Commissioner bears the burden of proof in respect            
          of any increases in deficiency.  Rule 142(a).                               
               Respondent did not make a determination that the SRLY                  
          provisions would reduce or eliminate the amount of petitioner's             
          general business credits during the examination period, nor was             





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