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differing computations filed pursuant to Rule 155.1 Respondent's
computation contained a section 481 adjustment for AEI's 1992
taxable year. Petitioner's computation did not. Petitioner
objects to this adjustment.2
Rule 155 is the mechanism whereby the Court is enabled to
enter a decision for the dollar amounts owed resulting from the
disposition of issues involved in a case where those amounts
cannot readily be determined. See Cloes v. Commissioner, 79 T.C.
933, 935 (1982). Rule 155(c) provides:
(c) Limit on Argument: Any argument under this
Rule will be confined strictly to consideration of the
correct computation of the deficiency, liability, or
overpayment resulting from the findings and conclusions
made by the Court, and no argument will be heard upon
or consideration given to the issues or matters
disposed of by the Court's findings and conclusions or
to any new issues. This Rule is not to be regarded as
affording an opportunity for retrial or
reconsideration.
We have stated time and again that a Rule 155 proceeding may not
be used to raise a new issue. See Home Group, Inc. v.
Commissioner, 91 T.C. 265, 268-269 (1988), affd. 875 F.2d 377 (2d
Cir. 1989); Cloes v. Commissioner, supra. Purely mathematically
generated computational items, however, are proper for
1 All Rule references are to the Tax Court Rules of
Practice and Procedure, and all section references are to the
Internal Revenue Code in effect for the years in issue.
2 Petitioner has no objection to respondent's computation
for AEI's 1993 taxable year.
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Last modified: May 25, 2011