-16- consistent with the Supreme Court’s decision in Estate of Burton W. Kanter v. Commissioner of Internal Revenue, No. 03-1034.” In Ballard v. Commissioner, 429 F.3d 1026, 1027 (11th Cir. 2005), the Court of Appeals for the Eleventh Circuit remanded the Ballard cases to this Court with the following instructions: (1) The “collaborative report and opinion” of the Tax Court is ordered stricken; (2) The original report of the special trial judge is ordered reinstated; (3) The Chief Judge of the Tax Court is instructed to assign this matter to a regular Tax Court Judge who had no involvement in the preparation of the aforementioned “collaborative report;” (4) The Tax Court shall proceed to review this matter in accordance with the dictates of the Supreme Court, and with the Tax Court’s newly revised Rules 182 and 183, giving “due regard” to the credibility determinations of the special trial judge and presuming correct fact findings of the trial judge. * * * The Court of Appeals also stated that Special Trial Judge Couvillion’s findings of fact are to be presumed correct “unless manifestly unreasonable”. Id. at 1032. In Estate of Lisle v. Commissioner, 431 F.3d 439 (5th Cir. 2005), the Court of Appeals for the Fifth Circuit recalled its earlier mandate and directed this Court to reexamine the question whether the Estate of Lisle is liable for tax deficiencies consistent with the instructions handed down by the Court of Appeals for the Eleventh Circuit in Ballard v. Commissioner, 429 F.3d at 1027.9 9 The Court of Appeals for the Fifth Circuit’s mandate in the Lisle cases includes a reference to the case filed with this Court at docket No. 20219-91. However, the Court’s decision in (continued...)Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011