Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 158

                                                -234-                                                   
            friendship conferred” upon Kanter.111  Id. at 80.  A detailed                               
            analysis of the magnitude, validity, and treatment of all loans                             
            that Ballard, Lisle, and their grantor trusts received from IRA,                            
            IFI, BWK, and other Kanter-related entities is lacking in the STJ                           
            report.                                                                                     
                  5.  Discussion Regarding Consulting Payments to Ballard’s                             
                  and Lisle’s Adult Children                                                            
                  Much like the loan discussion outlined above, the STJ                                 
            report, at 80-81, acknowledges Kanter may have considered the                               
            consulting arrangements with Ballard’s and Lisle’s adult children                           
            to be “favors” to Ballard and Lisle.  The STJ report then                                   
            rationalizes the consulting payments by pointing out that Ballard                           
            and Lisle managed TMT’s and Carlco’s assets at no charge to IRA                             
            until 1990.  Significantly, although recognizing the possible                               
            relationship between the consulting payments to the Ballard and                             
            Lisle children and Ballard’s and Lisle’s management of TMT and                              
            Carlco, the STJ report fails to explore the circumstances                                   
            surrounding Kanter’s termination of the consulting payments in                              
            1990 and Kanter’s nearly simultaneous decision to begin                                     
            compensating Ballard and Lisle for managing TMT and Carlco.  At                             
            the very least, these circumstances raised the question whether                             

                  111  The STJ report, at 80 note 34, also refers to FPC                                
            Subventure Partnership as another example of a favorable                                    
            transaction between Kanter and Lisle, and it acknowledges that                              
            the record fails to disclose whether Lisle repaid Kanter for his                            
            90-percent interest in that partnership.  However, the STJ report                           
            does not contain any further recommended findings of fact with                              
            respect to this transaction.                                                                




Page:  Previous  224  225  226  227  228  229  230  231  232  233  234  235  236  237  238  239  240  241  242  243  Next

Last modified: May 25, 2011