- 544 - Holdings engaged in any business activities. Kanter orchestrated the series of transactions to create phony losses for IRA. No one who had been an officer or director of Decision Holdings at the time of the transactions provided any testimony in connection with this issue at the trial. IRA did not present a general ledger, cash receipts journal, or cash disbursements journal in connection with Decision Holdings for 1988. Kanter's testimony regarding his "having to do the deal in a hurry" is ambiguous at best and provides no credible explanation as to why a seasoned investor would get into a supposedly profit- motivated deal on December 1, without "really doing any due diligence", and then dispose of the assets 29 days later at a loss without any significant intervening events. It seems that the only hurry on Kanter's part was to finish the deal before the end of the tax year so that IRA could take advantage of a loss of more than $1 million. Accordingly, we hold that the claimed loss deduction was correctly disallowed by respondent because the transactions giving rise to the loss had no independent economic substance and were entered into solely for tax reasons. Therefore, IRA is not entitled to the claimed loss deduction.Page: Previous 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 Next
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