Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 378

                                                -434-                                                   
           Issue XXII.  Whether Kanter Is Liable for Self-Employment                                    
                       Tax for 1982 (STJ report at 180-181)167                                          
                                               OPINION                                                  
                 Respondent determined in the notice of deficiency for 1982                             
           that Kanter is liable for additional self-employment tax of $848.                            
           Inasmuch as respondent’s determination turns on the disposition                              
           of other adjustments respondent determined for 1982, the amount                              
           of Kanter’s self-employment tax will be determined in the                                    
           parties’ computations for entry of decision pursuant to Rule 155.                            
           Issue XXIII.  Whether the Kanters Realized Capital Gains and                                 
                       Losses as Reported on Their 1987 Tax Return                                      
                 (STJ report at 182-198)                                                                
                 Respondent determined in the notice of deficiency issued to                            
           the Kanters for 1987 that they were not entitled to capital                                  
           losses arising from various sales of stocks, bonds, promissory                               
           notes, and partnership interests to Mallin, MAF, Inc., Windy                                 
           City, Inc., and others.  These adjustments were resolved against                             
           petitioners and the decision entered by the Court at docket No.                              
           24002-91 for the taxable year 1987 on September 24, 2001, was not                            



                  167  The STJ report recommended alternative holdings that                             
            turned on whether the self-employment tax issue was inadvertently                           
            omitted from the parties’ stipulated settlement.  If so, the STJ                            
            report proposed to hold for petitioners.  On the other hand, if                             
            the matter was purely computational, the matter would be                                    
            addressed in the parties’ Rule 155 computations.  The Court                                 
            concludes, on the basis of the manner in which the issue is set                             
            forth in the notice of deficiency, that this issue is purely                                
            computational.                                                                              





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