- 342 - for services rendered by Kanter. Kanter's signature on these returns indicates that, under penalties of perjury, he believed that these characterizations were true and correct. Concerning his acquisition of the carried interest, Kanter testified that he had invested moneys with Hyman Federman and sustained a number of losses, and that he negotiated to receive the carried interest as "a way to allow recoupment of losses that I had sustained in earlier years from other investments" and that an understanding was reached that he would receive that carried interest "at some point in time after this trust was created and not in conjunction with its initial creation." Kanter's testimony pertaining to his acquisition of the carried interest was not corroborated by any other witness. He introduced no evidence to establish the losses he allegedly sustained. His testimony is specifically contradicted by the Agreement and Indemnification Agreement, which states on page 2 that "It is understood that at the inception of the Trust an agreement was reached that Kanter" would receive the carried interest. Kanter testified that he always considered the carried interest as "something independent of any trustee fee." This statement is contradicted by the HCT fiduciary income tax return for the taxable year ended February 28, 1980. On that return, the deduction claimed for the carried interest payment from HCT to Holding Co. was labeled "Fiduciary Fees". The return wasPage: Previous 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 Next
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