- 431 - Issue 16. Whether the Kanters Are Entitled to an Investment Tax Credit Carryover for 1978 OPINION On their 1978 income tax return, the Kanters claimed a $120,566 investment tax credit carryover, which respondent disallowed in the notice of deficiency. The Kanters contend that their entitlement to the 1978 investment tax credit carryover is purely "computational" under Rule 155. The Kanters assert, in pertinent part: The issue of whether Kanter is entitled to a carryover of investment tax credit from his 1977 year to his 1978 year is purely computational. The resolution of this issue is entirely dependent upon the resolution of Kanter's Tax Court case involving his 1977 year (docket No. 12282-82), which was previously docketed and decided by this Court. Although respondent * * * [in proposed findings] states that petitioners failed to address this issue, that is not the case. Respondent's counsel stipulated on the record that petitioners had addressed all of the issues raised in respondent's notice of deficiency. * * * Since this issue is purely computational, and respondent is well aware of the terms of the resolution of Kanter's 1977 tax liability, the amount of the carryover from 1977 to 1978 will be addressed in the eventual Rule 155 proceeding in this matter, and need not be addressed by the Court at this time. The "stipulation" referred to is the discussion that took place between the Court, petitioners' counsel, and the supervisor of respondent's counsel concerning the parties' settlement of a number of other adjustments from the years in issue. Respondent, on the other hand, contends that Kanter failed to carry his burden of proof under Rule 142(a).Page: Previous 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 Next
Last modified: May 25, 2011