- 432 - The Court agrees with Kanter on this issue. The Kanters' 1977 tax year was the subject of docket No. 12282-82 before this Court, in which a stipulated decision was entered on March 12, 1991. That decision was based upon a Stipulation of Settled Issues which was filed with the Court. The Stipulation of Settled Issues provided as follows: Solely for the purpose of narrowing the issues in [docket no. 12282-82], the Petitioner * * * and the Respondent have settled issues relating to the Petitioner's direct or indirect investment in one or more of the following partnerships, namely, Ambassador Associates, Empire Properties, Shelburne Associates, Whitehall Associates, Balmoral Associates, Drake Associates, FF Associates, Park Lane Associates and Warwick Associates on the following basis to the extent applicable to the year(s) before the Court in this case: 1. Except as provided in this agreement, no item of income, gain, loss, deduction or credit arising from the Petitioner's interest in the partnership, shall be realized and recognized in any taxable year. It is understood by the parties that this agreement does not apply to items of income, gain, loss, deduction or credit from Empire Properties' investment in NST Investors. 2. The Petitioner's total cash investment actually or constructively paid shall be allowable as an ordinary deduction in three equal parts over three successive years starting with the initial year for which the Petitioner first claimed a partnership deduction, provided that the Petitioner includes in income any cash constructively received with respect to such contribution in the year of such constructive receipt. 3. All partnership distributions from the partnership to the Petitioner shall be includable as ordinary income in the year of receipt.Page: Previous 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 Next
Last modified: May 25, 2011