Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 76

                                        -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