- 13 - nursing care services rendered to an individual who is receiving disability payments. Respondent is sustained on this issue. In the alternative, petitioner apparently contends that the payments for the years in issue should be excludable from gross income because of a prior representation from Healthcare’s predecessor corporation. Though Healthcare’s predecessor corporation may have made representations that the payments received by petitioner were not includable in gross income, the prior representation is irrelevant as to whether the payments are includable in gross income for the years in issue. Finally, petitioner’s counsel in Petitioner’s Opening Brief contends for the first time that the payments from Healthcare are excludable from petitioner’s gross income for the years in issue as amounts received pursuant to an insurance plan under section 105(b). Respondent contends that because the applicability of section 105(b) was not raised until Petitioner’s Opening Brief, the record is devoid of any evidence regarding whether or not section 105(b) is applicable in this case. The rule that a party may not raise a new issue on brief is not absolute, but it is founded upon the determination as to whether considerations of surprise and prejudice require that a party be protected from having to face a belated confrontation which precludes or limits that party's opportunity to presentPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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