- 440 - Kanter did not testify that Rappaport would include him as a party in any litigation. He failed to present any proof of damage to his business reputation. If anything, Kanter was protecting his personal reputation, not his business reputation. He reimbursed Rappaport for a portion of the losses as an accommodation to two friends, after a deal he proffered failed. Kanter argues that the cases of Milbank v. Commissioner, 51 T.C. 805 (1969), and Pepper v. Commissioner, 36 T.C. 886 (1961), support the deduction claimed by him. Contrary to the facts here, the taxpayer in Milbank was in the investment banking business and consummated a loan transaction. When the transaction failed, the taxpayer argued he was a guarantor of the loan, which payment had a proximate relationship to his trade or business as a financier or investment banker. Kanter, in contrast, is not a banker or financier. In any event, he did not show that he entered into this transaction with the intent of making a profit. Kanter is a lawyer who was consulted on various business matters. Kanter was not engaged in the business of selling valuable artwork. He was not paid to find the investor but merely directed his friend to another friend. Contrary to the holding in Milbank, Kanter was not protecting his reputation as a lawyer or investor but merely protecting his friendship with Feigan and Rappaport.Page: Previous 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 Next
Last modified: May 25, 2011