-15- 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 proceedingsPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011