- 73 - 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 eitherPage: Previous 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 Next
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