Andrew G. and Cecilia M. Vajna - Page 14




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          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 possible                     








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