- 550 - and that, at some point, Funding Systems came out of bankruptcy and the note was worthless. On cross-examination, Kanter testified that the note was thought to have a value of $20,000 at the time it was "sold" to Holding Co. In fact, IRA received repayments on the Funding Systems note totaling $24,500 on June 24, 1986. Kanter admitted that the sale price of the Funding Systems note was not based on an appraisal, a legal opinion of those involved in the proceedings, balance sheets of Funding Systems, or any type of bona fide analysis. He stated that the purpose of the "sale" was to establish a loss for tax purposes. This testimony does not establish the value of the note at the time of "sale". With respect to the Tanglewood note, Kanter testified that, by the time IRA wrote off the Tanglewood loan, "it was clear that there would be no assets available to pay this particular obligation," yet he purportedly paid $10,000 for the note. If, in 1985, it appeared that there would be no assets from which to collect the note, it was not explained why Kanter was willing to pay $10,000 for the note. Moreover, Kanter's testimony that there were no assets to repay this obligation is contradicted by Tanglewood's repayment of $6,000 to IRA in February 1986. This evidence indicates that the $10,000 sale price was an arbitrary figure determined by Kanter that had no relationship to the fair market value of the note in 1985. We also note that this is thePage: Previous 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 Next
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