- 12 - V. Respondent Has Not Unfairly Prejudiced the Estate by Arguing on Brief That the Adjusted Value of the Combined Interests of the Corporations Does Not Exceed 50 Percent of the Adjusted Gross Estate. The estate argues that this Court should refuse to consider respondent’s argument concerning the 50-percent test because according to the estate, respondent raised it as a new issue in his opening brief. In support of its position, the estate cites cases where this Court has declined to consider arguments raised for the first time by a party in its pretrial memorandum or brief where our consideration of such argument would surprise or prejudice the opposing party. Harrison v. Commissioner, T.C. Memo. 1994-268 (citing Gordon v. Commissioner, 85 T.C. 309, 331 n.16 (1985); Fox Chevrolet, Inc. v. Commissioner, 76 T.C. 708, 733-736 (1981)). The estate’s argument that it has been prejudiced revisits the argument it made that respondent’s position contradicts the stipulation of facts. The estate’s position is that it is prejudiced because it agreed to forgo trial based upon the premise that the only issue in dispute was whether the estate could combine the values of the two corporations to pass the 50- percent test. Based upon the estate’s reading of the stipulation regarding the combined values of the corporations, the estate assumed that whether the two corporations combined passed the 50- percent test was no longer at issue. We have already concludedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011