TAX COURT FOLLOWS SEVENTH CIRCUIT MANDATE, ENTERS DECISION IN KANTER CASE.
Kanter, Burton W., Estate of et al. v. Comm.
- Case NameESTATE OF BURTON W. KANTER, DECEASED JOSHUA S. KANTER, EXECUTOR AND ESTATE OF NAOMI R. KANTER DECEASED, JOSHUA S. KANTER, EXECUTOR, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
- CourtUnited States Tax Court
- DocketNo. 712-86
- JudgeHaines, Harry A.
- Cross-ReferenceFor the Seventh Circuit decision in Kanter v. Commissioner,
Nos. 08-1036, 08-1037, 08-1038, 08-1039, 08-1040, 08-1041, 08-1042
(7th Cir. Dec. 1, 2009), see Doc 2009-26278 or 2009 TNT
229-7. - Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2011-3667
- Tax Analysts Electronic Citation2011 TNT 35-24
Kanter, Burton W., Estate of et al. v. Comm.
UNITED STATES TAX COURT
DECISION
Pursuant to mandate of the Court of Appeals for the Seventh Circuit, and incorporating herein the facts recited in the respondent's computation on remand as the findings of the Court, it is:
ORDERED AND DECIDED: That, without taking into consideration tax and additions to the tax assessed or paid after the statutory notice of deficiency was mailed, there is a deficiency in income tax and there are additions to tax due from petitioners, as follows:
I.R.C. § I.R.C. § I.R.C. §
Year Deficiency 6653(a)(1) 6653(a)(2) 6633(b)
____________________________________________________________________
1981 $283,064.00 $14,153.20 * None
____________________________________________________________________
FOOTNOTE TO TABLE
* The amount of this addition to the tax is calculated
based on 50% of the interest due on $90,829.00 of the deficiency in
income tax for the taxables year 1981;
END OF FOOTNOTE TO TABLE
That for the taxable year 1981 there is no substantial underpayment attributable to tax motivated transactions, for purposes of computing the interest payable with respect to such amount, pursuant to section 6621(c), formerly section 6621(d).
That, without taking into consideration tax and additions to the tax assessed or paid after the statutory notice of deficiency was mailed, and after application of I.R.C. § 6015(f), there is a deficiency in income tax and there are additions to tax due from the petitioner Joshua S Kanter as Executor of the Estate of Naomi R. Kanter, as follows:
I.R.C. § I.R.C. § I.R.C. §
Year Deficiency 6653(a)(1) 6653(a)(2) 6633(b)
____________________________________________________________________
1981 None None None None
That there is no overpayment in income tax due to petitioners for the taxable year 1981.
Entered: November 26, 2010
Harry A. Haines
Judge
The parties stipulate that the foregoing decision is in accordance with the opinion of the Court of Appeals for the Seventh Circuit and the respondent's computation, and that the Court may enter this decision, without prejudice to the right of either party to contest the correctness of the decision entered herein.
Chief Counsel
Internal Revenue Service
Randall G. Dick
Counsel for Petitioner Joshua S.
Kanter, Executor, Estate of
Burton W. Kanter, Deceased
Tax Court Bar No. DR0534
Law office of Randall G. Dick
Tax Court Bar No. DR0534
595 Market Street, Suite 1100
San Francisco, CA 94105
Telephone (415) 536-2920
Date: November 5, 2010
By: Mark J. Miller
Associate Area Counsel
(Small Business/Self-Employed)
Tax Court Bar No. MM0381
211 West Wisconsin Avenue
Suite 807 -- MAIL STOP 2000MIL
Milwaukee WI 53203-9921
Telephone: (414) 23122801
Date: November 1, 2010
William E. Taggart
Counsel for Petitioner
Joshua S. Kanter, Executor
Estate of Naomi R. Kanter
Tax Court Bar # TW0003
Taggart & Hawkins
1901 Harrison St., Suite 1600
Oakland, CA 94612
- Case NameESTATE OF BURTON W. KANTER, DECEASED JOSHUA S. KANTER, EXECUTOR AND ESTATE OF NAOMI R. KANTER DECEASED, JOSHUA S. KANTER, EXECUTOR, Petitioners, v. COMMISSIONER OF INTERNAL REVENUE, Respondent.
- CourtUnited States Tax Court
- DocketNo. 712-86
- JudgeHaines, Harry A.
- Cross-ReferenceFor the Seventh Circuit decision in Kanter v. Commissioner,
Nos. 08-1036, 08-1037, 08-1038, 08-1039, 08-1040, 08-1041, 08-1042
(7th Cir. Dec. 1, 2009), see Doc 2009-26278 or 2009 TNT
229-7. - Code Sections
- Subject Area/Tax Topics
- Jurisdictions
- LanguageEnglish
- Tax Analysts Document NumberDoc 2011-3667
- Tax Analysts Electronic Citation2011 TNT 35-24
