Metrocorp, Inc. - Page 66




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          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 it                







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