Investment Research Associates - Page 503




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          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.             








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