Investment Research Associates - Page 375




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          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).                              






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