Investment Research Associates - Page 382




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               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  The purchase was rescinded after             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          painting had the sale not been rescinded, or for Kanter's efforts            






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