Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 368

                                                -425-                                                   
                 Petitioners’ entitlement to an investment tax credit                                   
           carryover for 1978 is not addressed in the stipulation of                                    
           settlement the parties filed with the Court on May 15, 1995.                                 
           Petitioners now nevertheless contend that the disposition of the                             
           credit carryover issue is tied to the resolution of the                                      
           underlying investment tax credit issue for 1977--a year that was                             
           not before the Court in these consolidated cases                                             
                 The Court rejects petitioners’ argument as contrary to the                             
           burden placed upon them under Rule 142(a).  Petitioners presented                            
           no evidence to establish the existence of, nor their entitlement                             
           to, the claimed carryover.  See Leavell v. Commissioner, T.C.                                
           Memo. 1996-117.165  Moreover, petitioners must bear responsibility                           
           for submitting to the Court a stipulation of settlement that does                            
           not make any reference to this issue.  Since there are several                               
           factual matters that must be established to prove the amount of                              
           the carryover that were not established at trial, the Rule 155                               
           computational process is not a forum within which this matter can                            
           be considered.  See Price v. Commissioner, T.C. Memo. 1995-290.                              
           The Court, therefore, rejects petitioners’ argument that this                                
           issue is computational under Rule 155.  Respondent is sustained                              
           on this issue.                                                                               

                  165  For example, the burden of proof includes not only                               
            establishing the amount of the investment credit for the year the                           
            credit was earned but also establishing what portion of the                                 
            credit was absorbed or applied in the carryback of the credit to                            
            prior years, after which the remaining amount of the credit can                             
            be applied to the first carryforward year.                                                  




Page:  Previous  415  416  417  418  419  420  421  422  423  424  425  426  427  428  429  430  431  432  433  434  Next

Last modified: May 25, 2011