DHL Corporation and Subsidiaries - Page 146

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          employed.  Bausch & Lomb, Inc. v. Commissioner, supra at 582; see           
          also Eli Lilly & Co. v. United States, 178 Ct. Cl. 666, 372 F.2d            
          990, 997 (1967).                                                            
          II.  Were Respondent’s Determinations in the Notices of                     
          Deficiency Arbitrary, Capricious, or Unreasonable?                          
               As explained above, taxpayers generally bear a heavier than            
          normal burden of proving that the Commissioner’s section 482                
          allocations are arbitrary, capricious, or unreasonable.                     
          Petitioners argue that their burden should be lessened once they            
          can show that the notices of deficiency are arbitrary,                      
          capricious, or unreasonable.  Petitioners contend that the                  
          determinations in the notices are significantly different from              
          the determinations advanced by respondent’s experts at trial.               
          Because of that and a procedural question, petitioners assert               
          that their burden in these cases should be to show, by only a               
          preponderance of the evidence, that the prices with any commonly            
          controlled entities were consistent with an arm’s-length price,             
          citing Seagate Tech., Inc. & Consol. Subs. v. Commissioner, supra           
          at 164.  Respondent contends that the actions taken and                     
          determinations made were reasonable under the circumstances.                
               Initially, petitioners point out that respondent did not               
          issue or provide petitioners with any notice or report of the               
          proposed adjustments before issuance of the notices of                      
          deficiency.  Petitioners then outline four instances where they             
          contend that respondent’s notice determinations were either                 





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