- 28 - Cir. 1991); G.D. Searle & Co. v. Commissioner, 88 T.C. 252, 358 (1987); Paccar, Inc. v. Commissioner, 85 T.C. 754, 787 (1985), affd. 849 F.2d 393 (9th Cir. 1988). "Whether respondent has exceeded his discretion is a question of fact. * * * In reviewing the reasonableness of respondent's determination, the Court focuses on the reasonableness of the result, not on the details of the methodology used." Sundstrand Corp. & Subs. v. Commissioner, supra at 353-354; see also American Terrazzo Strip Co. v. Commissioner, 56 T.C. 961, 971 (1971). In most instances where respondent abandons his notice position at trial, courts conclude that allocations in the notice under section 482 are arbitrary and capricious. See, e.g., Sundstrand Corp. & Subs. v. Commissioner, supra at 354-358; Perkin-Elmer Corp. & Subs. v. Commissioner, T.C. Memo. 1993-414. Petitioner contends that respondent did not present evidence to support the deficiencies in the notice. In determining the notice amounts, respondent redetermined the Compaq Asia prices using section 1.482-2A(e)(1)(iii), Income Tax Regs. Accordingly, respondent increased Compaq Asia manufacturing costs by an operating profit of 7.5 percent, resulting in a $232,402,000 income allocation with respect to Compaq Asia PCA's. This adjustment was based on reports of respondent's staff economist, Balash. At trial, Balash did not testify as an expert, and the opinion portion of his report was not admitted as expertPage: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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