Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 70

                                                -154-                                                   
            the trusts was taxable to Ballard and Lisle pursuant to sections                            
            671 through 678.  The CMB, CMB II, RWL, and RWL II Trusts each                              
            made investments, as limited partners, in certain movie shelter                             
            partnerships.  Kanter or Solomon Weisgal (the trustee of the Bea                            
            Ritch Trusts that owned all of IRA’s common shares) was the                                 
            trustee of these trusts.  Each Ballard and Lisle trust held no                              
            assets other than its respective movie partnership interest.                                
            Each trust financed the acquisition of its movie partnership                                
            interest through a loan from IRA and International Films, Inc.                              
            (IFI), a corporation in which IRA, at one time, was a majority                              
            shareholder.78  In making loans to the trusts, IRA originally                               
            provided the loan funds and received promissory notes from each                             
            of the trusts; IRA then transferred these trust notes to IFI, in                            
            exchange for IFI’s notes.  The trust notes that IFI held, from a                            
            practical standpoint, were collectible only if the movie ventures                           

                  78  The parties disagree as to whether these and other loans                          
            to Ballard and Lisle, various trusts of Ballard and Lisle, and to                           
            Mrs. Ballard were bona fide loans, and whether the parties to                               
            these transactions actually intended the funds to be repaid.  The                           
            terms “loan”, “promissory note”, and other similar terms are used                           
            herein for convenience and are not intended as ultimate findings                            
            or conclusions concerning whether a bona fide indebtedness                                  
            actually existed.  Similarly, the parties dispute whether certain                           
            consulting payments that were made to Ballard’s and Lisle’s                                 
            children from 1993 through 1989, which are more fully discussed                             
            infra, were in fact, compensation paid for the children’s                                   
            consulting work.  The use of terms indicating that consulting                               
            payments were made to the children should not be construed as                               
            conveying any legal conclusion as to whether such payments                                  
            constituted compensation for services rendered.                                             




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