Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Independent Administrator - Page 9

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          liability and collectibility was not acceptable because it was              
          “detrimental to the interests of fair tax administration”, and              
          (3) the liens would not be released.  The estate filed with the             
          Court a timely petition for lien or levy action challenging                 
          respondent’s notice of determination.                                       
               The estate subsequently filed a motion for abatement of                
          assessments.  The estate maintains that the assessments that                
          respondent entered against the estate are no longer valid                   
          inasmuch as the Court’s decisions in the Kanter deficiency cases            
          have been vacated.  According to the estate, in the absence of              
          valid assessments, respondent must release the liens in dispute.            
               Respondent filed (1) a response in opposition to the                   
          estate’s motion and (2) a motion to stay proceedings.  Relying              
          primarily upon Estate of Smith v. Commissioner, 115 T.C. 342                
          (2000), respondent avers that the assessments entered against the           
          estate remain valid notwithstanding that the Court’s decisions in           
          the Kanter deficiency cases have been vacated.  Respondent also             
          contends that, considering the current procedural posture of the            
          Kanter deficiency cases, the Court should stay this collection              
          case until such time as decisions in the Kanter deficiency cases            
          become final.                                                               
               The estate filed an objection to respondent’s motion to stay           
          proceedings and a reply to respondent’s response.  In addition,             
          the estate filed a notice informing the Court that, after the               






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Last modified: May 25, 2011