Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Independent Administrator - Page 13

                                       - 13 -                                         
               The estate nevertheless contends that the assessments and              
          lien described above were nullified by the Supreme Court’s                  
          opinion in Ballard v. Commissioner, 544 U.S. 40, 125 S. Ct. 1270            
          (2005), and this Court’s actions (1) vacating the decisions                 
          entered in the Kanter deficiency cases, (2) striking the Court’s            
          Memorandum Opinion in Inv. Research Associates, Ltd. v.                     
          Commissioner, T.C. Memo. 1999-407, and (3) reinstating the                  
          Couvillion report.  The estate asserts that “the case before the            
          Court presents the seemingly unprecedented situation in which the           
          entire legal basis for a lower court ruling has been disallowed             
          because of an improper process and the ruling itself has been               
          completely vacated.”  Although the Kanter deficiency cases                  
          certainly are in a novel procedural posture, we are not persuaded           
          that the factors that the estate relies upon require abatement of           
          the assessments in question or release of the disputed liens.               
               We agree with respondent that the proper disposition of the            
          estate’s motion is governed by section 7486, which addresses                
          assessment and collection of tax deficiencies that have not been            
          stayed by the filing of an appeal bond.  Section 7486 provides:             
               SEC. 7486.  REFUND, CREDIT, OR ABATEMENT OF AMOUNTS                    
               DISALLOWED.                                                            
                    In cases where assessment or collection has not                   
               been stayed by the filing of a bond, then if the amount                
               of the deficiency determined by the Tax Court is                       
               disallowed in whole or in part by the court of review,                 
               the amount so disallowed shall be credited or refunded                 
               to the taxpayer, without the making of a claim                         






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