- 345 - 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.Page: Previous 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 Next
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