Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 87

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               Following the remands, these cases were assigned to Judge              
          Harry A. Haines, a Judge who was not involved in the prior                  
          proceedings in these cases.10                                               
          II.  Amendment to Rule 183                                                  
               In response to the Supreme Court’s holding in Ballard v.               
          Commissioner, 544 U.S. 40 (2005), the Court amended Rule 183 to             
          provide a procedure for service on the parties of a Special Trial           
          Judge’s recommended findings of fact and conclusions of law and             
          the filing of objections and responses.  The pertinent portions             
          of new Rule 183 state as follows:                                           
               (c) Objections:  Within 45 days after the service of                   
               the recommended findings of fact and conclusions of                    
               law, a party may serve and file specific, written                      
               objections to the recommended findings of fact and                     
               conclusions of law.  A party may respond to another                    
               party’s objections within 30 days after being served                   
               with a copy thereof.  The above time periods may be                    
               extended by the Special Trial Judge.  After the time                   
               for objections and responses has passed, the Chief                     
               Judge shall assign the case to a Judge for preparation                 
               of a report in accordance with Code section 7460.                      

               9(...continued)                                                        
          that case, i.e., that there is no deficiency and no addition to             
          tax due from the Lisles for the taxable year 1984, was entered              
          Nov. 20, 2003, and is otherwise final.  See secs. 7481(a)(1),               
          7483.  Although the Clerk of the Court notified the Court of                
          Appeals for the Fifth Circuit of this discrepancy, the Court has            
          received no further instruction from the Court of Appeals on this           
          point.  Under the circumstances, the Court will assume that                 
          docket No. 20219-91 was included in the Court of Appeals’ mandate           
          as the result of an inadvertent clerical error and docket No.               
          20219-91 shall remain closed.                                               
               10  Judges Mary Ann Cohen and Howard A. Dawson, Jr., and               
          Special Trial Judge D. Irvin Couvillion have taken no part in the           
          review of these cases on remand.  See Ballard v. Commissioner,              
          429 F.3d at 1032 n.7.                                                       




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