-162- Petitioner attempts in its opening brief to raise an issue that its methodology is permissible for 1990 through 1992 because, it asserts, that methodology met the reasonableness requirement of Notice 89-21, 1989-1 C.B. 651. Notice 89-21, 1989-1 C.B. at 652, clarifies that swaps income from lump-sum payments should be spread over the life of the swap “using a reasonable method of amortization.” We decline to consider this issue. Petitioner has raised the issue on brief in violation of our August 14, 2000, order, see Estate of Maggos v. Commissioner, T.C. Memo. 2000-129 (Court held that a party would not be entitled to raise an issue not set forth in a memorandum filed by that party in response to a similar order of this Court), and we find credible respondent’s assertion on brief that he justifiably relied upon our August 14, 2000, order in preparing for and conducting the trial of this case. We also agree with respondent that he would be prejudiced were we now to decide whether petitioner’s method of accounting for its 1990 through 1992 swaps income met the reasonableness requirement of Notice 89-21, supra. II. Does Section 475 Involve a Method of Accounting? A. Overview For each relevant year, respondent determined that FNBC’s method of accounting for its swaps (more specifically, its treatment of the adjustments) did not clearly reflect its swaps income. Accordingly, respondent determined, he was entitled toPage: Previous 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 Next
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