- 548 - paid to Kanter. On his 1986 return, Kanter reported $46,925 ($47,925 - $1,000) as income from loan proceeds from the Sherwood payment and $39,480 ($39,500 - $20) as miscellaneous income from the LBG payment. A foreclosure action was filed against LBG. The litigation of the foreclosure was not completed until at least 1988. During 1988, LBG was still in existence and was receiving bills from at least one creditor, Payton and Rachlin. Tanglewood filed a voluntary petition in bankruptcy under chapter 11 during May 1990. OPINION With respect to IRA's claimed "sales" of the notes receivable from Funding Systems, Tanglewood, LBG, and Sherwood to Holding Co. and Kanter, evidence that the "sales" took place primarily consists of adjusting journal entries on the books of IRA that credited these receivables and debited "notes receivable" owing by Holding Co. and Kanter. As the adjusting journal entries show, neither Holding Co. nor Kanter paid cash for these notes at the time of "sale". In 1986, repayments of the notes were made to IRA rather than Kanter, who allegedly had bought the notes on December 1, 1985. Thus, we think IRA failed to establish that sales of the notes actually took place, as evidenced by these bookkeeping entries. See J.G. Boswell Co. v.Page: Previous 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 Next
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