Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 363

                                                -420-                                                   
           Issue XVI.  Whether the Kanters Are Entitled to Losses From                                  
                 Equitec for 1983 and 1984 (STJ report at 165-167)162                                   
           On their 1983 and 1984 income tax returns, the Kanters                                       
           claimed losses of $83,333 and $161,727, respectively, from an                                
           entity named Equitec.  Respondent disallowed the Equitec losses.                             
                                               OPINION                                                  
           A.  The Parties’ Arguments                                                                   
                 Although petitioners offered little, if any, evidence                                  
           concerning the computer leasing transactions they contend Equitec                            
           entered into, petitioners argue that “respondent has failed to                               
           recognize the evidence of record regarding the experience of                                 
           Kanter vis-a-vis equipment leasing transactions [of other                                    
           entities] and the issues of Equitec before this Court.”                                      
           Petitioners maintain that Equitec’s transactions should be                                   
           reviewed “de novo * * * based upon the testimony and evidence                                
           offered regarding the extensive activity of petitioners in the                               


                 161(...continued)                                                                      
            petitioners did not agree any additions to tax should be imposed                            
            with respect to these conceded adjustments.                                                 
                  162  The STJ report recommended holding that respondent is                            
            barred from making any determination concerning the taxable year                            
            1983 on account of the expiration of the period of limitations                              
            governing assessment and collection for that year.  As previously                           
            discussed, we determined that Kanter’s income tax returns for the                           
            years at issue were fraudulent, and, therefore, the period of                               
            limitations remains open pursuant to sec. 6501(c)(1).                                       
                  The foregoing aside, the Court’s disposition of this issue                            
            represents in large measure a wholesale adoption of the                                     
            recommended findings of fact and conclusions of law set forth in                            
            the STJ report with regard to the taxable year 1984.                                        




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