- 14 - entire subpart F issue as it relates to CIBV, and (2) the closely proximate relationship of the new contentions to those raised in the original notice of deficiency and answer. As to the first point listed, and particularly in light of the fact that Mr. Kassar is likely to contest the whipsaw allocation to him of 50 percent of CIBV’s income, we fail to see how a fair and satisfactory outcome can be reached in these two related cases without addressing Nestor. As regards the second point, ownership of CIBV for purposes of determining both CFC status and section 951 attribution has been at issue from the earliest stages of this dispute. Hence, petitioners were already faced with needing to marshal evidence related to these ownership matters. Such circumstance, especially when coupled with the ample time remaining to prepare for trial, which is scheduled to begin October 22, 2001, and with the fact that respondent will bear the burden of proof as to the increased deficiency, deprives arguments of surprise or prejudicial delay of any overriding force. We therefore conclude that the interests of justice will be better served by permitting amendment and thereby being in a position to decide this case, and the related case of Mr. Kassar, consistently and on the merits of all relevant evidence. Lastly, for the sake of completeness, we note that petitioners’ computational arguments disregard possiblePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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