- 162 - it sold in 1984. Respondent noted that petitioners blamed their failure to give notice on respondent’s failure to explain the adjustments in the notices of deficiency. In that regard, respondent also noted that petitioners were provided, pursuant to the Court’s requirement, a detailed and specific explanation of adjustments on October 28, 1996, about 3 months before expert reports were to be filed with the Court. Petitioners’ claim of setoff was made on January 31, 1997, at about the time of the submission of expert reports to the Court. We agree with petitioners that the regulation should not be a procedural impediment to any appropriate setoff under these circumstances. As to respondent’s complaint about the timeliness of petitioners’ notice, respondent has not argued that he was in any way specifically prejudiced by the timing of the notice. Finally, we hold that petitioners are entitled to a setoff of respondent’s 1984 section 482 adjustments that we have sustained. The record reflects that DHLI never used the technology and that the technology did not have the type of value attributed to it in the 1984 sale of technology transaction between DHL and DHLI. Petitioners’ expert’s opinion contains reasonable assumptions and comports with the record in these cases. Accordingly, we find and hold that the amount of the setoff for the 1984 tax year equals the $13.05 million difference between the stated $14.5 million sale price and a $1.45 millionPage: Previous 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Next
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