Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 337

                                                -397-                                                   
            deficiency for 1979 attributable to the disallowance of a loss                              
            of $311,478 the Kanters claimed from Immunological Research Corp.                           
            (IRC), an S corporation in which the Kanters held an interest                               
            through grantor trusts (i.e., the Pillpoppers Trusts).                                      
            Respondent determined that IRC was not entitled to a research and                           
            development expense of $980,000 or various other business                                   
            expenses it reported for 1979.                                                              
                                         FINDINGS OF FACT                                               
            The facts underlying this issue were also considered by this                                
            Court in Estate of Cook v. Commissioner, T.C. Memo. 1993-581,155                            
            which involved another shareholder in IRC.  In Estate of Cook,                              
            the Court sustained the Commissioner’s disallowance of research                             
            and experimentation expenses under section 174(a), as well as                               
            similar expenses claimed by two other subchapter S corporations,                            
            Antiviral Research Corp. (ARC) and Biological Research Corp.                                
            (BRC), that were engaged in the same activity.  Kanter was not a                            
            stockholder in ARC or BRC.  In the instant case, the parties                                
            stipulated to the record of Estate of Cook except as to those                               
            portions of the record relating to the other two subchapter S                               
            corporations.                                                                               



                  155   The decision the Court entered at docket No. 9533-87,                           
            in accordance with its Memorandum Opinion in Estate of Cook v.                              
            Commissioner, T.C. Memo. 1993-581, was not appealed and is final.                           
            See secs. 7481(a)(1), 7483.                                                                 




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