Investment Research Associates - Page 280




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          assignment to Holding Co.  He failed to show a clear                         
          manifestation of an intention to assign the underlying                       
          contractual right, as opposed to the payments, to Holding Co. and            
          also failed to show that Holding Co. paid any valuable                       
          consideration for the claimed assignment.  Moreover, even if                 
          there had been a valid assignment of the carried interest, it was            
          Kanter who was the "tree" (not the carried interest) and the                 
          payments to Holding Co. were the "fruit" of Kanter's services to             
          the trust.  Thus, the alleged assignment by Kanter of the "fruit"            
          of the "tree" to Holding Co. would have been ineffective to shift            
          from him to Holding Co. the income tax liability on the payments.            
          Lucas v. Earl, 281 U.S. 111 (1930).                                          
               We conclude that Kanter failed to establish that respondent             
          erred in determining that he was taxable on the carried interest             
          payments made by HCT to Holding Co. during the years 1981, 1982,             
          and 1983.  The facts clearly establish that the payments were                
          made as compensation for his services rendered to HCT.  Kanter's             
          treatment of the carried interest is merely another attempt by               
          Kanter to disguise and shift his income.                                     















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