- 567 - secured by any collateral, nor was there any evidence of payments on the loans. Although these loans were listed on IRA's books and records as "Notes Receivable" or "N/R", no notes or any other written acknowledgment of the alleged loans was introduced into evidence. With the exception of Kanter, in his capacity as trustee of the HGA Cinema Trust, none of the alleged debtors testified as to the existence of any debt. In our view, IRA's lack of notes or other written acknowledgment of the existence of these debts, lack of any collateral, and lack of repayments indicate that, like the payments to the Ballard and Lisle family trusts, IRA never intended that the alleged debtors would be required to repay these funds. Consequently, the alleged loans did not exist. In sum, we conclude that IRA failed to establish that the claimed notes receivable represented valid debts stemming from debtor-creditor relationships and, therefore, failed to show that it had any basis from which any loss could be determined on their purported sales. Economically, the sales of the notes receivable of $1,760,682 for $12 make no sense. If the notes were not worthless, IRA would not have sold them for $12. If the notes were worthless, an unrelated third party would not have had any interest in purchasing them for $12. Kanter testified that he and Freeman agreed that the notes receivable in question were worthless. Kanter explained that thePage: Previous 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 Next
Last modified: May 25, 2011