-424-
issue is entirely dependent upon the resolution of
Kanter’s Tax Court case involving his 1977 year
(docket. No. 12282-82), which was previously docketed
and decided by this Court. Although respondent * * *
[in his proposed finding] states that petitioners
failed to address this issue, that is not the case.
Respondent’s counsel stipulated on the record that
petitioners had addressed all of the issues raised in
respondent’s notice of deficiency. (Tr. 4825). Since
this issue is purely computational, and respondent is
well aware of the terms of the resolution of Kanter’s
1977 tax liability, the amount of the carryover from
1977 to 1978 will be addressed in the eventual Rule 155
proceeding in this matter, and need not be addressed by
the Court at this time.
The “stipulation” referred to is the discussion that took
place among the Court, petitioners’ counsel, and respondent’s
counsel concerning the parties’ settlement of a number of other
adjustments for the years at issue.
Respondent contends petitioners failed to carry their burden
of proof under Rule 142(a).
B. Analysis
During the trial of these cases, Kanter’s counsel suggested
that he would read into the record the issues the parties had
settled. Transcr. at 4823. The Court rejected this proposal and
instead directed the parties to submit to the Court a
comprehensive written stipulation of settlement. Transcr. at
4823-4825. The Court’s objective was to avoid the confusion that
an oral presentation of the settled issues was likely to create.
Id.
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