- 15 - 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 CourtPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011