H Enterprises International, Inc., and Subsidiaries - Page 10

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          section 265(a)(2) applies to disallow a portion of the interest             
          deduction claimed by Waldorf II on the 1987 indebtedness.                   
               Petitioner's assignments of error with respect to the two              
          issues we must decide go to the propriety of respondent’s                   
          adjustments and not to the calculation of those adjustments if              
          they are appropriate.  On brief, petitioner objects to                      
          respondent’s proposed finding of fact as to the interest                    
          adjustments in question by stating that the amounts set forth in            
          respondent’s proposed finding of fact “exceed the sum of the                
          amount disallowed pursuant to the statutory notice of deficiency            
          and the amended answer.”  Petitioner does not otherwise challenge           
          respondent’s proposed finding with respect to the interest                  
          adjustments in question or argue that they are in error (if,                
          indeed, section 265(a)(2) is applicable).  By the amendment to              
          answer, respondent determined increased deficiencies on account             
          of increased adjustments resulting from the application of                  
          section 265(a)(2).  Respondent did not specify the amounts of the           
          increased adjustments.  In the reply, petitioner denies any                 
          increased deficiency but, otherwise, does not address the                   
          increased adjustments in question.  We assume that the parties              
          have a basis for calculating, and allocating, the section                   
          265(a)(2) adjustments in question.  We do not sustain any section           
          265(a) disallowance beyond that put at issue by the petition and            
          the answer, as amended.                                                     





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