H Group Holding, Inc. and Subsidiaries - Page 67




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               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 year                








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