- 3 - respondent’s determinations that Kanter failed to report income and that he was not entitled to claimed deductions arising from several transactions unrelated to the alleged kickback scheme. Special Trial Judge D. Irvin Couvillion presided at the trial of the consolidated cases in Inv. Research Associates, Ltd. Because Special Trial Judge Couvillion was prohibited under section 7443A(c) from entering a decision in those cases, he prepared an initial report which included his proposed findings of fact and opinion (the Couvillion report). The cases were then assigned to Senior Judge Howard A. Dawson for adoption of the Couvillion report and entry of decision. Under Rule 183 in effect at the time, the Couvillion report was not filed or otherwise made a part of the record of the consolidated cases.5 Special Trial Judge Couvillion subsequently collaborated with Judge Dawson in preparing a final report which became the Court’s Memorandum Opinion in Inv. Research Associates, Ltd. After the parties submitted computations under Rule 155, the Court entered decisions in the Kanter deficiency cases reflecting the parties’ stipulations as to certain issues and the Court’s holdings in Inv. Research Associates, Ltd. Thereafter, the estate and Naomi R. Kanter appealed to the U.S. Court of Appeals 5 The Court amended Rule 183, effective Sept. 20, 2005, to provide a procedure for service on the parties of a Special Trial Judge’s recommended findings of fact and conclusions of law and for the filing of objections and responses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011