-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.Page: Previous 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 Next
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