Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 54

                                        -14-                                          
          regard to Kanter that were unrelated to the alleged kickback                
          scheme.                                                                     
               Following entry of decisions, Kanter, Ballard, and Lisle               
          appealed their cases to separate Courts of Appeals.7  In Ballard            
          v. Commissioner, 321 F.3d 1037 (11th Cir. 2003), and Estate of              
          Kanter v. Commissioner, 337 F.3d 833 (7th Cir. 2003), the Courts            
          of Appeals for the Eleventh and Seventh Circuits, respectively,             
          affirmed this Court’s holdings that (1) Ballard and Kanter failed           
          to report income from the alleged kickback scheme, and (2) each             
          was liable for additions to tax for fraud.8  The Courts of                  
          Appeals also affirmed this Court’s earlier ruling that it was not           
          obliged to make the STJ report part of the record.  In Estate of            
          Lisle v. Commissioner, 341 F.3d 364 (5th Cir. 2003), the Court of           
          Appeals for the Fifth Circuit affirmed this Court’s holding that            


               7  In Inv. Research Associates, Ltd. v. Commissioner, T.C.             
          Memo. 1999-407, the Court sustained a number of adjustments                 
          respondent determined with regard to the tax liability of                   
          Investment Research Associates, Ltd. (IRA).  The Court entered              
          decisions in all IRA dockets on Sept. 24, 2001.  No appeal having           
          been filed, the Court’s decisions in the IRA cases are now final.           
          See secs. 7481(a)(1), 7483.                                                 
               The Kanters did not appeal the decisions entered in their              
          cases at docket Nos. 24002-91 (taxable year 1987), 26918-92                 
          (taxable year 1988), and 25981-93 (taxable year 1989).  These               
          decisions were entered on Sept. 24, 2001, and are now final.  See           
          secs. 7481(a)(1), 7483.                                                     
               8  In Estate of Kanter v. Commissioner, 337 F.3d 833, 854-             
          857 (7th Cir. 2003), the Court of Appeals for the Seventh Circuit           
          also affirmed and reversed this Court’s holdings with regard to             
          several issues that related solely to Kanter.                               





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: May 25, 2011