Metrocorp, Inc. - Page 37




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          There is nothing to indicate that there were any additional facts           
          bearing on this case that could have been introduced.  This case            
          was submitted on the stipulated facts, and there is nothing to              
          indicate that petitioner was not aware of its burden of proving             
          entitlement to the claimed deductions, including the need to                
          establish that the fees were not incurred in connection with the            
          acquisition of assets.                                                      
               This is not a case where respondent issued a narrowly drawn            
          notice of deficiency and subsequently advanced new grounds not              
          directly or implicitly within the ambit of the determination.               
          See Pagel, Inc. v. Commissioner, 91 T.C. 200, 212 (1988), affd.             
          905 F.2d 1190 (8th Cir. 1990); Sorin v. Commissioner, 29 T.C.               
          959, 969 (1958), affd. per curiam 271 F.2d 741 (2d Cir. 1959);              
          Weaver v. Commissioner, 25 T.C. 1067, 1085 (1956).  While the               
          language contained in the notice of deficiency does not                     
          specifically state that the fees were costs incurred in                     
          connection with the acquisition of a capital asset, that is a               
          reason for capitalization that is within the scope of the                   
          determination.  The failure to enumerate every theory that could            
          support a determination should not prevent us from deciding this            
          case on what we consider to be the correct application of the law           
          to the facts presented.  See Rendina v. Commissioner, T.C. Memo.            
          1996-392; Barnette v. Commissioner, T.C. Memo. 1992-595, affd.              
          without published opinion sub nom. Allied Management Corp. v.               






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