- 3 - In T.C. Memo. 1997-477, we decided that petitioners were not entitled to defer recognition of gain under section 1031, the gain was recognizable in 1989, petitioners did not qualify for installment sales treatment to place income in 1990, and petitioners were liable for the section 6663 fraud penalty for 1989. Under Rule 155(a), parties are required to submit "computations pursuant to the Court's determination of the issues, showing the correct amount of the deficiency, liability, or overpayment to be entered as the decision." Parties are not permitted to raise new issues or matters in connection with the Rule 155 computations. Bankers Pocahontas Coal Co. v. Burnet, 287 U.S. 308 (1932). The starting point for the computation is the statutory notice of deficiency from which the parties compute the redetermined deficiency based upon matters agreed by the parties or ruled upon by the Court. Home Group, Inc. v. Commissioner, 91 T.C. 265, 269 (1988), affd. 875 F.2d 377 (2d Cir. 1989); Whitham v. Commissioner, a Memorandum Opinion of this Court dated Jan. 30, 1953. Petitioners, in their proffered computation, filed December 11, 1997, objected to respondent's 1989 computation on several grounds. First, because we found that petitioners' transactions were sales and not like-kind exchanges, they contend that the $3,969,000 of sales proceeds used by respondent shouldPage: Previous 1 2 3 4 5 6 7 Next
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