- 64 - Petitioners argue that respondent has, therefore, abandoned the grounds for the section 482 allocations that were set forth in the notices of deficiency. Petitioners also argue that, by abandoning the deficiency notice grounds, respondent has conceded that the original determinations were arbitrary, capricious, or unreasonable. Respondent counters that the grounds for the allocations have not been abandoned, that the underlying theories are the same, and that the substitution of new expert reports, per se, does not establish that the notice determinations were arbitrary. Respondent also points out that his trial experts’ report or opinion was affected by the acquisition of information that was acquired after the issuance of the notice of deficiency and therefore not available to the prenotice experts.16 Prior to issuing the deficiency notices, respondent assigned Dr. Mooney the task of analyzing whether and to what extent section 482 allocations of income or deductions are warranted between HIC and certain of its subsidiaries involving the management of foreign hotels. Dr. Mooney prepared a report (Mooney report) dated February 15, 1986, entitled “Economic Evaluation of the Performance of Hyatt of Hong Kong, Ltd.” The Mooney report was included as part of the revised International 16 In this regard, no claim is made here that respondent was systematically kept from the information that would have had an effect on the deficiency notice determinations. See, e.g., DHL Corp. v. Commissioner, T.C. Memo. 1998-461.Page: Previous 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Next
Last modified: May 25, 2011