Investment Research Associates - Page 276




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          during those years, pursuant to the carried interest, were                   
          taxable to him.  Respondent contends that Kanter reported trustee            
          fees in 1988 and 1989 in a belated attempt to lend credence to               
          his position that the carried interest payments were independent             
          of any trustee fees in order to counter respondent's                         
          determination for prior years that the carried interest payments             
          from HCT to Holding Co. were in substance compensation for his               
          services as trustee.  We agree.                                              
               On the HCT fiduciary returns for the taxable years ended                
          February 28, 1981, 1982, 1983, and 1984, the deductions for the              
          carried interest payments from HCT to Holding Co. are labeled                
          "Fiduciary Fees", "Participation Fee", "Commissions", and                    
          "Commission Expense", respectively.  These HCT fiduciary returns             
          are all signed by Kanter in his capacity as trustee of HCT.  The             
          fact that the deduction for the payment from HCT to Holding Co.              
          for the taxable year ended February 28, 1981, was labeled                    
          "Fiduciary Fees" and that the deductions labeled "Participation              
          Fee", "Commissions", and "Commission Expense" for the subsequent             
          3 years were also for the carried interest payments from HCT to              
          Holding Co. is further evidence that the carried interest                    
          payments from HCT to Holding Co. were in fact fiduciary fees for             
          services rendered by Kanter.  The fact that the payments are                 
          labeled "Participation Fee", "Commissions", and "Commissioner                
          Expense", is, in any event, evidence that the payments were made             






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