- 232 - Petitioners would have us end our examination of the transaction at this point and hold that the sale was a valid arm's-length sale of the stock to IRA. The Court declines to do so because it would ignore the true substance of the transaction and give new meaning to the expression "blind justice". We think the true substance of the transaction is clearly disclosed when one follows the flow of the money. The only activity conducted by KWJ Corp. and later the KWJ Co. partnership, was receiving the Hyatt payments. IRA was to pay $10,000 of the purchase price in November 1979 and the balance by August 1980. Hyatt paid over $170,000 to KWJ Corp. in 1979. Thus, IRA simply paid the purchase price from the Hyatt payments. After paying 30 percent of each of the Hyatt payments to Weaver, the remaining funds were (1) distributed as "consulting fees" to Ballard's and Lisle's children, (2) filtered along with other payments from the Five through IRA, Int'l Films, and HELO as loans to Ballard, Lisle, and Kanter, and (3) distributed to Carlco, TMT, and BWK, Inc. Lisle's control over the Carlco assets, Ballard's control over the TMT assets, and Kanter's control over the BWK, Inc. assets went unfettered. Petitioners had unrestricted power to use the funds for their personal benefit and in fact did so.Page: Previous 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 Next
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