- 60 - length. See Seagate Tech., Inc., & Consol. Subs. v. Commissioner, supra at 164. If it is established that there was an abuse of the Commissioner’s discretion and a taxpayer fails to show that questioned transactions met an arm’s-length standard, then the Court must decide the amount of an arm’s-length allocation. See Sundstrand Corp. v. Commissioner, supra at 354. IV. Was the Commissioner’s Determination Arbitrary, Capricious, or Unreasonable? A. In General Petitioners argue that respondent has abandoned the grounds for the determinations in the deficiency notice and, in effect, conceded that the determinations are arbitrary, capricious, or unreasonable. Petitioners also argue that respondent’s determinations were in other respects arbitrary, capricious, and unreasonable. Respondent disagrees and contends that no abandonment of theory or methodology occurred and that the trial position of respondent is compatible with the determinations in the deficiency notice. We consider this portion of the controversy from two different perspectives. First, we consider the effect, if any, of respondent’s substitution of different experts, for trial purposes, from those whose reports were used for the bases of the determinations in the deficiency notice. Then, we consider, generally, whether respondent’s determinationPage: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
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