- 66 - Commissioner, 16 T.C. 90, 98 (1951) (Tax Court reviews a deficiency, not the Commissioner’s reasons for determining it), affd. 199 F.2d 589 (2d Cir. 1952); Standard Oil Co. v. Commissioner, 43 B.T.A. 973, 998 (1941) (reasons and theories stated in statutory notice, even if erroneous, do not restrict the Commissioner in presenting case before the Court), affd. 129 F.2d 363 (7th Cir. 1942); cf. sec. 7522. Our Consideration of Asset Acquisition Issue Would Not Prejudice Petitioner Although respondent’s actions don’t limit our ability to consider the relationship between fees paid and assets acquired, the majority suggest we should close our eyes to that relationship “in order to avoid prejudicing petitioner”. Majority op. p. 11. According to the majority, if respondent had stressed that relationship, “petitioner may well have wanted to offer evidence relating to it.” Id. I agree that the appropriate question is whether respondent’s conduct has limited or precluded petitioner’s opportunity to present pertinent evidence. See Ware v. Commissioner, supra at 1268-1269; Pagel, Inc. v. Commissioner, 91 T.C. 200, 211-213 (1988), affd. 905 F.2d 1190 (8th Cir. 1990). However, I disagree that there could be any prejudice in the case at hand. The stipulated facts clearly establish that Metrobank paid the fees in order to acquire the assets and deposits itPage: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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