Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 34

                                                -121-                                                   
            constituted a capital contribution to FPC Subventure Partnership,                           
            and (6) Four Ponds Partnership made a $400,000 cash distribution                            
            to Kanter on April 5, 1982, and Kanter transferred the                                      
            distribution to FPC Subventure Partnership, which distributed                               
            $355,500 to Lisle and $39,500 to the Everglades Trusts, leaving                             
            $5,000 in FPC Subventure Partnership’s account.  Exh. 9093.58                               
                  On May 3, 1982, Kanter wrote a letter to Schaffel which                               
            stated in pertinent part:                                                                   
                  The purpose of this letter, as we discussed, is to                                    
                  reflect the fact that I have been holding a partnership                               
                  interest in Four Ponds Center Associates in my name on                                
                  behalf of another partnership, known as FPC Subventure                                
                  Associates.  There are two participants in that                                       
                  partnership, trusts for the benefit of members of my                                  
                  family and associates.  [Exh. 194.]                                                   
            The letter also stated that the Four Ponds partnership agreement                            
            would not need to be modified so long as Kanter continued to hold                           
            the partnership interest in his name.  Id.  Schaffel and Torcivia                           
            were not aware Lisle was a partner in FPC Subventure Partnership.                           
            Schaffel, Transcr. at 407; Torcivia, Transcr. at 371.                                       
                  In 1982, Kanter transferred his 8-percent limited                                     
            partnership interest in One River Partnership to FPC Subventure                             

                  58  Contrary to this statement in the memorandum, FPC                                 
            Subventure’s tax return for 1982 indicated the partnership made a                           
            cash distribution of $427,600, and a Schedule K-1, Partner’s                                
            Share of Income, Deductions, and Credits, issued to Lisle                                   
            indicated he received $384,840 (or 90 percent) of that amount.                              
            Exh. 9091.                                                                                  





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