- 53 - In cases where we have considered whether there has been an abuse of the Commissioner’s discretion, we have occasionally received pre-deficiency notice matter into evidence and looked behind the notice. See Capitol Fed. Sav. & Loan Association & Sub. v. Commissioner, 96 T.C. 204, 214 (1991); Branerton Corp. v. Commissioner, 64 T.C. 191, 200-201 (1975). In this case, it is appropriate to include in the record such evidence to enable petitioners to have a fair opportunity to meet their burden. Accordingly, respondent’s objection to these exhibits is overruled. II. Factual Overview These cases present complex factually oriented section 482 reallocation and arm’s-length pricing issues. The parties did not detail, and we have not attempted to detail every aspect of petitioners’ operations; i.e., HIC’s numerous second- and third- tier subsidiaries, and the myriad individual hotel entities. We have found the essential and suitable representative facts to explain and identify the entities and their practices and other foundational facts to support our ultimate findings and holdings on the issues. For trial purposes, the parties have generally focused on the issues without attempting to distinguish one taxable yearPage: Previous 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 Next
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