- 449 - purchased the notes in question as a favor to Kanter. Kanter sold the notes to MAF to enable him to realize a loss for tax purposes. Kanter's testimony at trial as to the reason he "sold" the notes (as well as the other securities at issue) is paraphrased in his brief, as follows: Throughout trial, Kanter candidly admitted that the purpose of the asset sales was to "establish" a loss for tax purposes, because of the traditional practice of Respondent's agents to routinely propose to disallow Section 165 or Section 166 deductions claimed in IRA's or Kanter's tax returns. Thus, by selling the various assets for a nominal amount, Kanter was attempting to realize a loss by means of a sale or exchange rather than as a bad debt or worthless security deduction. MAF neither inquired into nor independently ascertained the value of the purchased promissory notes. MAF did not look into or consider a particular note's collectibility or the creditworthiness of its maker or obligor. Specifically, during 1987, MAF purchased the Victorian Village and S. Block notes from Kanter for $27,949 and $1, respectively, as an accommodation to Kanter. After 1987 and up to the trial, Morrison continued as president of MAF, although, since 1989, MAF has not been active and has not conducted any business. At all times relevant to this litigation, Windy City was a corporation solely owned by the 25 Bea Ritch Trusts. Joel Kanter, Kanter's son, was the president of Windy City. Weisgal, a longtime friend and business associate of Kanter, was thePage: Previous 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 Next
Last modified: May 25, 2011