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Friday, June 24, 2005

Lederman, Roin Quoted in Tribune on Kanter Case

Interesting article in today's Chicago Tribune on the Kanter case, Tax Court Reversal "Incredible"; Judge Alters Secret Finding in Fraud Trial:

Lawyers and law professors familiar with the case are stunned by the disclosure. "How could the tax court judges essentially lie about what was in the report?" said Julie Roin, a law professor at the University of Chicago who has followed the case. "I find it incredible. ... It makes you wonder what's going on," Roin said. The dispute provides a rare look inside the court, located in Washington, D.C., and, according to tax experts, raises questions about the credibility of the court's decision-making process in what often are multimillion-dollar cases....

"The court order--that's a total lie," Roin said. "It strikes me as institutionally destructive to lie. ... I find this all mysterious. I don't understand what they have to gain by lying. It just seems bizarre."...

Leandra Lederman, the William W. Oliver professor of tax law at Indiana University School of Law in Bloomington, said the disclosure of Couvillion's report "does raise questions. Has it happened before? How many times has it happened before?" "I think it leads to questions about what was going on behind closed doors," she said. Lederman, who filed an amicus brief in the case urging release of Couvillion's findings, said the practice of keeping such findings secret is a "lack of transparency. And that leads to a lack of accountability. Transparency not only protects actual fairness, but the appearance of fairness, which is needed for people to have confidence in the system."

http://taxprof.typepad.com/taxprof_blog/2005/06/lederman_roin_q.html

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