- 436 - purchase. Kanter directed Feigan to another of his clients, a Mr. Rappaport (Rappaport), who lived in Switzerland. Feigan and Rapport thereafter agreed to a joint venture between them and, through funds advanced by Rappaport, the painting was purchased. After the purchase, it was discovered that the painting was not by John Trumbull, and the seller agreed to a rescission of the sale. The seller paid back to the joint venture the amount of the selling price, but in British currency. That currency had substantially declined in value against the U.S. dollar. A dispute arose between Feigan and Rappaport. Rappaport insisted that he be returned the full value, in U.S. dollars, of the funds he had advanced, and Feigan, on the other hand, refused to do so. Kanter was drawn into the dispute ostensibly because of the role he had played in putting Feigan and Rappaport together. At Kanter's urging, Feigan agreed to make Rappaport whole, and Kanter contributed $104,231 toward the cause. Kanter claimed this amount as a trade or business expense on his 1980 income tax return, which respondent disallowed. Kanter was not contacted by Feigan for legal services or legal advice, nor was it contemplated that Kanter would be paid for his services. Kanter was assisting two clients and friends in a matter unrelated to Kanter's law practice or his activities as a lawyer. There were no legal services provided by Kanter. Kanter was not a party to the joint venture between Feigan andPage: Previous 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 Next
Last modified: May 25, 2011