H Group Holding, Inc. and Subsidiaries - Page 78




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               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.                              




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