- 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,Page: Previous 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 Next
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