Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Independent Administrator - Page 19

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          review process.  In sum, the differences in the cases that the              
          estate points to are not meaningful.                                        
          B.   Respondent’s Motion To Stay Proceedings                                
               Respondent contends that, considering the procedural posture           
          of the Kanter deficiency cases, this collection case should be              
          stayed until final decisions are entered in the deficiency cases.           
          The estate opposes respondent’s motion to stay solely on the same           
          legal theory underlying its motion for abatement of assessments;            
          i.e., that the assessments are invalid and the liens should be              
          released.                                                                   
               We recognize that granting respondent’s motion to stay                 
          proceedings, in effect maintaining the status quo, would preserve           
          his position in relation to other creditors, while the estate’s             
          assets would remain under the cloud cast by respondent’s lien.              
          However, practical realities weigh in favor of granting                     
          respondent’s motion.  In particular, if we do not stay this case,           
          it will be calendared for trial in due course.  Given that we do            
          not know the exact amount (if any) of the estate’s tax liability            
          at this time, we risk wasting valuable judicial resources                   
          addressing the question whether the Appeals Office abused its               
          discretion in rejecting the estate’s offer-in-compromise.  Under            
          all the circumstances, we conclude that the interests of justice            
          would best be served by staying this case until the amount of the           







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Last modified: May 25, 2011