-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.Page: Previous 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 Next
Last modified: May 25, 2011