Investment Research Associates - Page 277




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          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 was                 






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