Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 153

                                                 -23-                                                   
            certain issues by respondent on brief, Rule 155 computations will                           
            be necessary in these cases.15                                                              
                  The parties settled several issues in these cases before and                          
            during the trial.  In addition, the parties’ objections and                                 
            responses to the STJ report narrowed the issues remaining in                                
            dispute.  The issues left to be decided are:                                                
                  (1) Whether payments received by various entities associated                          
            with Kanter during the years at issue represent income earned by                            
            and properly taxable to Kanter, Ballard, and Lisle;                                         
                  (2) if the Court sustains respondent’s determinations that                            
            Kanter, Ballard, and Lisle are taxable on the payments in                                   
            question, whether Kanter and Ballard are liable for additions to                            
            tax for fraud;                                                                              


                  15   In several of the cases in which respondent filed                                
            amended pleadings seeking increased deficiencies in tax and                                 
            additions to tax, respondent left blank the amounts of additional                           
            income as to which increased deficiencies were asserted, with                               
            footnotes stating that such “amounts will be provided later”.                               
            Petitioners filed motions to strike respondent’s assertions of                              
            increased deficiencies where the amounts of increased income or                             
            disallowed expenses were not specifically asserted.  The Court                              
            denied petitioners’ motions but ordered respondent to file                                  
            amended pleadings by a designated date asserting the amounts of                             
            increased income or disallowed expenses.  Respondent filed                                  
            amended pleadings to comply with the Court’s order in all                                   
            pertinent cases except two:  Docket Nos. 31301-87 and 33557-87,                             
            Burton W. and Naomi R. Kanter.  An order will be issued on the                              
            Court’s own motion in docket No. 31301-87 striking respondent’s                             
            assertion of increased income to the Kanters from IRA for the                               
            1978 tax year.  No such order will be issued in docket No. 33557-                           
            87 because the transaction as to which respondent asserted                                  
            increased income is an issue the parties have identified as                                 
            Cablevision Programming Investments, which the parties have                                 
            settled.                                                                                    




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