Investment Research Associates - Page 499




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          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.                                      











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