Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 65

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          the Estate of Lisle was liable for tax deficiencies related to              
          the alleged kickback scheme for the years 1987 to 1989 but                  
          reversed this Court’s holding that the Estate of Lisle was liable           
          for additions to tax for fraud.                                             
               Ballard and Kanter filed petitions for certiorari with the             
          Supreme Court.  The Estate of Lisle did not file a petition for             
          certiorari.                                                                 
               In Ballard v. Commissioner, 544 U.S. 40 (2005), the Supreme            
          Court concluded (1) the collaborative process this Court employed           
          in the review of the STJ report and adoption of the Court’s                 
          Memorandum Opinion in Inv. Research Associates, Ltd. v.                     
          Commissioner, supra, was not warranted by or described in the               
          Court’s Rules of Practice and Procedure, and (2) the STJ report             
          was required to be included in the record to permit fully                   
          informed appellate review regarding the question whether the                
          Special Trial Judge’s “credibility and other findings made in               
          that report were accorded ‘[d]ue regard’ and were ‘presumed . . .           
          correct’”.  Ballard v. Commissioner, supra at 60.  Thus, the                
          Supreme Court reversed the judgments of the Courts of Appeals for           
          the Seventh and Eleventh Circuits and remanded the cases for                
          further proceedings consistent with its opinion.                            
               In Estate of Kanter v. Commissioner, 406 F.3d 933, 934 (7th            
          Cir. 2005), the Court of Appeals for the Seventh Circuit remanded           
          the Kanter cases to this Court “for further proceedings                     






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