BankAmerica Corporation, as successor in interest to Continental Bank Corporation, as successor in interest to Continental Illinois Corporation - Page 15

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          proper application of the 1979 ITC only affects interest, we had            
          no jurisdiction to decide the issue during the main deficiency              
          proceeding.  Pen Coal Corp. v. Commissioner, 107 T.C. 249, 255              
          (1996).  Thus, petitioner cannot be accused of raising a "new"              
          issue that it could not have brought up before.                             
              Moreover, this is not a Rule 155 proceeding, and                       
          respondent's argument on this point reveals a misunderstanding of           
          the nature of the relief petitioner is requesting, and a                    
          misapprehension of the difference between Rules 155 and 261.  The           
          purpose of a computation under Rule 155 is to show "the correct             
          amount of the deficiency, liability, or overpayment to be entered           
          as the decision."  Rule 155(a).  If there is disagreement between           
          the parties, the Court will determine the correct computation,              
          and argument on that point is "confined strictly to consideration           
          of the correct computation of the deficiency, liability, or                 
          overpayment resulting from the findings and conclusions made by             
          the Court".  Rule 155(c).  Not only does Rule 155 not contemplate           
          that a computation thereunder should reflect interest amounts,              
          but, contrary to respondent's arguments on brief, the Rule does             
          not allow arguments as to any other issues beyond the issues                
          litigated in respect of the ultimate bottom-line deficiency,                
          liability, or overpayment for the years at issue.                           
               Rule 261(d), on the other hand, specifically contemplates              
          "bona fide factual dispute[s]" which would have to be addressed             
          by an evidentiary hearing.  This Rule implies that this Court               




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