- 17 - adjustment relating to the disallowance". See Loeser v. Commissioner, 27 B.T.A. 601, 606 (1933). The restricted consent could have merely read: "The amount of any deficiency assessment is to be limited to that resulting from Microsoft's use of the profit- split method." In our opinion, "the disallowance of Microsoft's use of the profit split method" refers to Microsoft's qualification to elect the profit-split method. Moreover, we believe reference to "The Service's proposed adjustment" (emphasis added) is a strong point in petitioner's favor restricting the consent to issues previously raised in the NOPA and the 30-day letter. To conclude, the restricted consent was not broad enough to encompass the alternative adjustment raised by respondent's amended answer. Consequently, respondent's motion for partial summary judgment will be denied, and petitioner's cross-motion for partial summary judgment will be granted. An appropriate order will be issued.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Last modified: May 25, 2011