- 291 - complete dominion'", including illegal earnings. James v. United States, 366 U.S. 213, 219 (1961) (quoting Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955)); accord Rutkin v. United States, 343 U.S. 130, 137-138 (1952); Ianniello v. Commissioner, 98 T.C. 165, 173 (1992). We have held that the payments made by the Five to IRA related to the Prudential transactions are taxable 45 percent each to Ballard and Lisle and 10 percent to Kanter and the remaining payments made to IRA and Holding Co. are taxable 100 percent to Kanter. Our holding is supported by clear and convincing evidence in the record. Kanter entered into arrangements pursuant to which he would use his business and professional contacts, including his relationship with Ballard and Lisle, to assist members of the Five in obtaining business opportunities or in raising capital for business ventures. In exchange for his services, Kanter received or shared in certain fees. Kanter established a complex organization of corporations, partnerships, and trusts to receive, distribute, disguise, and launder the payments from these arrangements. The payments were made to entities controlled by Kanter and then distributed through various means to Ballard, Lisle, and Kanter, their family members, or to entities established for the benefit of their families.Page: Previous 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 Next
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