- 84 - limitation.[54] Accordingly, the actions and return positions of the other trucking companies must be reviewed to determine whether the deficiencies computed by respondent are correct. We respectfully request, therefore, that the Court vacate its Order [sic] of August 16 and order the parties to submit computations pursuant to Rule 155. This will permit the parties the opportunity to determine whether TLC’s liability should be reduced by the amounts already paid by parties to the transaction. On the record before us, we reject petitioner’s assertion. Petitioner did not advance petitioner’s tax duplication argument in its petition, in its trial memorandum, at trial, or on brief. It was only after the Court ruled against petitioner in Transport Labor I that petitioner decided to advance petitioner’s tax duplication argument in petitioner’s motion to vacate. By doing so, petitioner is trying to advance in the context of a Rule 155 computation a new argument that it is raising for the first time in petitioner’s motion to vacate.55 54There was no evidence in the record in this case estab- lishing: (1) That the examining agent who audited the consoli- dated return that petitioner filed for each of the years at issue also conducted an audit of any of TLC’s trucking company clients and (2) that any such examining agent made any statements to petitioner’s officers, directors, or employees that a significant number of TLC’s customers applied the sec. 274(n)(1) limitation to any amounts that they paid to TLC. 55Even if we were to allow petitioner to advance petitioner’s tax duplication argument, petitioner would not be entitled to the remedy it seeks. If, as petitioner asserts, certain trucking company clients applied the sec. 274(n)(1) limitation to certain amounts that they paid to TLC as a lease fee, our findings and conclusions in Transport Labor I may have resulted in such trucking company clients’ having overpayments of tax. The appropriate remedy in any such situation would be for any such trucking company client to seek a refund of any such (continued...)Page: Previous 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 Next
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