Investment Research Associates - Page 399




                                       - 453 -                                         
               Prior to the years in question, Pamela Osowski (Osowski) was            
          Kanter's secretary.  At some time, she also worked for Film                  
          Writers Corp.  Administration Co. transferred money to Osowski               
          during 1984 and 1985 by check and wire transfer.  The checks                 
          contained the notation "loan".  A document entitled "WIRE                    
          TRANSFER RECORD" also contained the notation "loan", but did not             
          indicate from what account the alleged wire transfer was made.               
          Kanter acquired the Osowski note from Administration Co. on March            
          31, 1987, for $16,625.                                                       
               Classic Custom Furniture was owned by Meyers' husband.                  
          Administration Co. transferred funds by check and wire transfer              
          to the account of Classic during 1984 and 1985, and Classic                  
          transferred funds by check to Administration Co. during 1984                 
          through 1987.                                                                
                                       OPINION                                         
          I.  Legal Principles                                                         
          A.  Bona Fides of a Transaction for Tax Purposes                             
               It is a well-settled principle of tax law that labels or                
          classifications affixed by the parties to a transaction do not               
          control for tax purposes.  If the form of a transaction reflects             
          its substance, and the sole purpose of the transaction is not tax            
          avoidance, generally the transaction will be recognized for                  
          Federal tax purposes.  See Gregory v. Helvering, 293 U.S. 465                
          (1935).  A transaction that has genuine economic substance and               






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