Timothy L. and Jane Williams - Page 24

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          the Commissioner may have been different or unsound.  Blansett v.            
          United States, 283 F.2d 474, 478 (8th Cir. 1960); Smith v.                   
          Commissioner, 56 T.C. 263, 291 n.17 (1971); Wilkes-Barre Carriage            
          Co. v. Commissioner, 39 T.C. 839, 845-846 (1963), affd. 332 F.2d             
          421 (2d Cir. 1964).                                                          
               It is the Court’s right and obligation to decide the                    
               case upon what it considers to be the correct                           
               application of the law, based upon the record                           
               presented, whether the parties have properly pleaded                    
               the controlling issues or not.  * * * if the Court                      
               feels that a full and fair opportunity to present the                   
               facts has been given, and the Court feels that no                       
               further briefing on the law is necessary, the Court can                 
               go forward and decide the case on the record presented.                 
               [Barnette v. Commissioner, T.C. Memo. 1992-595, affd.                   
               without published opinion sub nom. Allied Management                    
               Corp. v. Commissioner, 41 F.3d 667 (11th Cir. 1994).]                   
               There is no reason to believe that petitioners have been                
          prejudiced by our resolution of the case.  Considering                       
          petitioners’ evidentiary showing at trial and arguments on brief,            
          we are satisfied that they had sufficient opportunity to prove               
          the relevant facts and would not have presented their case any               
          differently, even if they had been fully and correctly advised by            
          the notice of deficiency or respondent’s pleadings of the                    
          intricate and interrelated provisions of the Code that govern the            
          tax consequences of the business reincorporation transaction.                
               To reflect the foregoing,                                               

          Decision will be entered                                                     
          under Rule 155.                                                              





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