- 341 - 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 madePage: Previous 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 Next
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