Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 310

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                                               OPINION                                                  
            A.  The Parties’ Arguments                                                                  
                  The parties disagree whether their off-the-record                                     
            conference, during which they narrowed the issues then being                                
            heard by the Court, included petitioners’ 1986 interest expense                             
            deduction of $368,227.  Petitioners contend their agreement                                 
            included the 1986 interest expense deduction, and reference to                              
            its inclusion was inadvertently omitted in their representation                             
            to the Court.  Respondent disagrees and contends that all of the                            
            reasons stated in the notice of deficiency for disallowance of                              
            the interest expense deduction for 1986 remain in dispute.                                  
            B.  Analysis                                                                                
                  After the parties’ off-the-record conference described                                
            above, counsel for petitioners stated on the record that he                                 
            believed the parties’ agreement included all adjustments then                               
            being considered by the Court and invited counsel for                                       
            respondent’s position on that assertion.  Counsel for respondent                            
            did not point out any qualifications, restrictions, or exceptions                           
            to any of the adjustments as to which the issues had been                                   
            narrowed.  On brief, respondent takes the position the issues                               
            were not narrowed with respect to petitioners’ 1986 interest                                
            expense deduction, nor was any agreement reached with respect to                            
            that issue.                                                                                 







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