-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.Page: Previous 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 Next
Last modified: May 25, 2011