Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 357

                                                -415-                                                   
            affd. 930 F.2d 372 (4th Cir. 1991); Estate of Cook v.                                       
            Commissioner, T.C. Memo. 1993-581.                                                          
                  The Court further holds the Kanters are not entitled to                               
            deductions under section 162 for 1979 with respect to IRC’s                                 
            claimed business expense deductions.  IRC was not engaged in an                             
            active trade or business during 1979, as IRC’s activities fail to                           
            satisfy even the “in connection” with a trade or business                                   
            standard of section 174.  See Estate of Cook v. Commissioner,                               
            supra.                                                                                      
            Issue XIV.  Whether Kanter Received Unreported Partnership Income                           
                        During 1978 (STJ report at 145-146)                                             
                                          FINDINGS OF FACT                                              
                  The notice of deficiency respondent issued to the Kanters                             
            for 1978 included as an attachment a Form 4549-B, Income Tax                                
            Examination Changes, and an accompanying schedule describing the                            
            changes determined in the notice.  Item 1h, titled “Partnership                             
            Income” states:                                                                             


















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