- 6 - 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, thePage: Previous 1 2 3 4 5 6 7 8 NextLast modified: March 27, 2008