Ramzy M. and Lena Kopty - Page 40




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         $10,000 from Mr. Kopty’s IRA during the year.                                
              The second so-called computational error alleged by                     
         petitioners involves deductions for moving expenses under section            
         217(a).  Apparently, during the audit of petitioners’ returns,               
         petitioners submitted a letter in which they claimed moving                  
         expenses in the amount of $5,770 for 1999 and $1,950 for 2000.               
         In the notice of deficiency, respondent did not determine that               
         petitioners were allowed moving expenses.  Petitioners ask the               
         Court “to order the moving expense correction.”                              
              Petitioners did not raise this matter in their petition.                
         This is a new issue that was raised for the first time after                 
         trial.  As stated above, we do not consider an issue that has not            
         been pleaded.  See, e.g., Frentz v. Commissioner, supra; Sicanoff            
         Vegetable Oil Corp. v. Commissioner, supra.  This is particularly            
         true in a case like this where the issue cannot be considered                
         without surprise and prejudice to the other party.  See Estate of            
         Mandels v. Commissioner, supra.  Accordingly, we will not                    
         consider it.                                                                 
              Finally, petitioners argue that interest on underpayments               
         under section 6601(a) should be computed from the date when the              
         tax return was due, taking into consideration extensions of time             
         to file, rather than from the original due date of the return.               
         Petitioners ask the Court to rule that interest on any                       
         underpayment for taxable 1999 should begin on December 15, 2000,             







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