- 438 - Respondent, on the other hand, argued that the $104,231 was not an ordinary or necessary business expense but represented a voluntary expenditure by Kanter on behalf of a third party, which Kanter was under no legal obligation to make. In addition, respondent maintained the payment was not deductible under section 212 because the painting venture was not an activity Kanter undertook for profit. We agree with respondent. Kanter was principally engaged in the practice of tax law. He acted as an intermediary between two clients in arranging the purchase and sale of a purported authentic painting of George Washington. He did not provide financing for the transaction. The purchase was rescinded after it was discovered the painting was not authentic. The amount paid by Kanter was to reimburse Rappaport on the loss Rappaport sustained on the amount that was refunded to him arising from the devalued British currency. There is no evidence that Rappaport required Kanter to perform due diligence on this venture. Kanter testified that both Feigan and Rappaport were friends of his, and he merely introduced Rappaport to Feigan to consummate the transaction. There was no agreement or contract that Kanter was to be paid for his services either in the acquisition of the funds for the initial purchase of the painting, in the exploitation of the painting had the sale not been rescinded, or for Kanter's effortsPage: Previous 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 Next
Last modified: May 25, 2011