Estate of Sylvia Gore, Deceased, Pamela Powell, Personal Representative - Page 6




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          with the findings and conclusions of the Court.  At the Court’s             
          discretion, the parties may then be given an opportunity to be              
          heard in argument thereon, and the Court will determine the                 
          correct deficiency.  Rule 155(b).  However, parties may not raise           
          new issues or matters in their Rule 155 computations.  See supra            
          note 3; see also Rule 155(c); Bankers Pocahontas Coal Co. v.                
          Burnet, 287 U.S. 308, 312 (1932).  The starting point for the               
          computation is the notice of deficiency from which the parties              
          compute the redetermined deficiency on the basis of matters                 
          agreed to by the parties or determined by the Court.  See Home              
          Group, Inc. v. Commissioner, 91 T.C. 265, 269 (1988), affd. 875             
          F.2d 377 (2d Cir. 1989).                                                    
               Petitioner contends that the issue regarding the gift tax              
          deduction is a new issue which respondent may not assert in his             
          Rule 155 computation.  Respondent concedes that he failed to                
          recognize his computational error in the notice of deficiency and           
          that he failed to plead an increased deficiency during                      
          litigation.  Nevertheless, respondent argues that the question of           
          whether decedent’s transfer of the Marital Fund assets to GFLP              
          constituted a completed transfer for gift tax purposes was                  
          directly at issue in this estate tax case and in the gift tax               
          case.                                                                       
               We agree with respondent.  While the notice of deficiency              
          serves as a starting point for the Rule 155 computation, the                







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