- 29 - does not contain any evidence of what such a fee might be. Moreover, petitioners' apportionment methodology is an argument which could have been made before the filing of our prior opinion.10 Generally, we do not grant reconsideration to resolve issues which could have been raised during the prior proceedings because the parties cannot try their cases with hindsight. CWT Farms, Inc. v. Commissioner, supra. Consequently, as to the client incorporation fees, apart from the correction of a computational error,11 we do not reconsider our holdings with respect to the section 482 allocations of income to INC. On a final note regarding the section 482 allocations, we are satisfied that, even if LTD were entitled to deduct (1) the section 482 allocations of income to INC as additional compensation expenses (we address such correlative adjustments to LTD's income, infra), (2) its direct costs (except for the interest amounts in the "Interest Income" category, which have already been excluded in our prior opinion), and (3) the compensation expenses for the fees already paid to INC, LTD would nevertheless have an excess of income over expenses for each of 10 As we stated, supra, petitioners did not provide an apportionment methodology in the first proceeding, and the record did not provide sufficient information to establish an apportionment methodology of our own. 11 The amount of LTD's revenues from "Client incorporation and trust creation fees" during taxable year ended June 30, 1986, on page 213 of our prior opinion should be changed from $169,263 to $147,951.Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
Last modified: May 25, 2011