Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 96

                                                -178-                                                   
            to 1988.92  Notably, TMT reversed the consent dividends in 1989.                            
            Exh. 98, at 9.  As a result, Carlco’s and TMT’s capital accounts                            
            at the end of 1989 both equaled $2,938,173.                                                 
                  3.  The Disposition of Funds From Carlco, TMT, and BWK for                            
                  the Benefit of Ballard, Lisle, Kanter, and Their                                      
            Families                                                                                    
                                                                                                       
                  a.  Ballard’s Use and Enjoyment of TMT’s Assets                                       
                  (i).  TMT’s Various Accounts                                                          
                  During the period 1984 to 1989, substantial portions of                               
            TMT’s funds were invested in CDs (American National Bank                                    
            (Chicago) and Wells Fargo Bank (San Francisco)), savings and                                
            money market accounts (Citizen Bank, Wells Fargo, TACI, and                                 
            Kemper Money Market), and a Goldman Sachs brokerage account.                                
            Exhs. 92-98; Exh. 93, at 7; Exh. 94, at 5-9; Exh. 614, at 2; Exh.                           
            95, at 2, 6; Exh. 9014; Exhs. 614-617.  Ballard and his wife had                            
            signatory authority over the Wells Fargo savings account.                                   
            Ballard, Transcr. at 223-224.                                                               
                  (ii).  Loans From TMT to Ballard and Ballard Entities                                 
                  Seabright Corp. was owned by the Mary Family Trust.  Mary                             
            Ballard, Transcr. at 2813-2815, 2823.  The beneficiaries of the                             
            Mary Family Trust were Mary Ballard and her three daughters.  Id.                           



                  92  TMT recorded consent dividends of $105,202, $97,206,                              
            $82,633, $31,960, and $65,093 (a total of $382,094) for 1984 to                             
            1988, respectively.  Exh. 93, at 11; Exh. 94, at 11; Exh. 98, at                            
            9.                                                                                          




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