- 10 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011