- 15 - of surprise and the need for additional evidence on behalf of the party opposed to the new position.’” Sundstrand Corp. v. Commissioner, 96 T.C. 226, 347 (1991) (quoting Pagel, Inc. v. Commissioner, 91 T.C. 200, 211-212 (1988), affd. 905 F.2d 1190 (8th Cir. 1990)). Because the parties agreed to submit these cases fully stipulated, respondent made his decisions regarding what evidence to proffer on the basis of the pleadings and the stipulations, including the stipulation that the amounts paid to Western General were “properly” included in petitioners’ income. To be confronted with this new issue after the evidentiary record is closed is prejudicial to respondent. Accordingly, we will not consider whether the amounts paid to Western General were not includable in petitioners’ income on the basis of the “claim of right” doctrine or income attribution principles. Instead, we shall consider only the issue that was properly raised; namely, the appropriate period for deducting the amounts paid by petitioners to a third-party insurer to assume petitioners’ risks under the EWA’s that petitioners sold to their customers. II. Proper Period To Deduct Amounts Paid for Multiyear Insurance A. Petitioners’ Arguments To support their position that respondent’s determinations are erroneous, petitioners argue that respondent abused his discretion by requiring petitioners to change their method ofPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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