Investment Research Associates - Page 504




                                       - 549 -                                         
          Commissioner, 34 T.C. 539, 545 (1960), affd. 302 F.2d 682 (9th               
          Cir. 1962).                                                                  
               Moreover, the transactions did not establish bona fide                  
          losses for Federal income tax purposes.  Kanter testified that               
          the purpose of IRA's purported sale of the Funding Systems note              
          to Holding Co. was to "establish the loss in the manner I have               
          described before."  He testified earlier that he had problems                
          getting the Internal Revenue Service to allow deductions for                 
          items that he thought were worthless, so he decided the best way             
          was to sell a note to establish a loss.                                      
               IRA was owned by BRT, the beneficiaries of which were                   
          members of Kanter's family.  Holding Co. was partially owned by              
          Kanter and BRT.  Kanter was counsel to IRA and Holding Co. and,              
          at various times, was also an officer or director.  There is no              
          evidence that anyone, other than Kanter, had a role in                       
          establishing the sale prices for the notes.  Kanter acknowledged             
          that he "largely determined" the sale prices for the notes.                  
          Hence, the sale prices were not determined by arm's-length                   
          negotiations.                                                                
               Kanter's testimony regarding the "sales" further indicates              
          their lack of economic substance.  With respect to the Funding               
          Systems note receivable, he testified, on direct examination,                
          that Funding Systems had filed for bankruptcy, that he did not               
          remember the exact date, but thought it was in the early 1980's,             






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