- 14 - Petitioners have not shown that respondent’s determination is without substance or that it would be appropriate to go behind the notices of deficiency. Petitioners’ attempt to discredit respondent’s agent appears to be a detour or distraction from petitioners’ failure to present facts and/or law that would show their entitlement to the claimed items. On the basis of the foregoing, we hold that petitioners have failed to show that they are entitled to deduct the expenses paid by AJCS on behalf of the affiliates. Accordingly, we sustain respondent’s determination that AJCS is not entitled to deduct expenses of $2,261,555 that were expenses of the four newly formed affiliates. II. Did AJCS Erroneously Overstate Its Income? Next, we consider petitioners’ contention that AJCS overstated its income by $2,680,500. On brief and for the first time in the course of the trial, petitioners raised an issue as to whether AJCS’s 1993 income was overstated because the four affiliates may have mistakenly reported the same income.10 Although petitioners included an allegation on this point in their petitions, it was not addressed in the opening statement at trial and, accordingly, was not tried by consent and was untimely 10 We must make assumptions because this matter was not factually developed. We assume that petitioners’ argument is based on their factual assumption that contract gross incomes reported by AJCS for periods prior to transfer were also reported by the affiliates.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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