Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 161

                                                -237-                                                   
            absolutely nothing to explain why it was necessary or desirable                             
            to remove TMT and BWK from IRA’s consolidated group.  Considering                           
            all the circumstances surrounding Carlco, TMT, and BWK, see                                 
            discussion infra pp. 278-288, Kanter’s testimony lacked                                     
            credibility.  Carlco, TMT, and BWK were removed from IRA’s                                  
            consolidated group in 1984 to reflect the reality that those                                
            entities were owned and controlled by Lisle, Ballard, and Kanter,                           
            respectively, and each would be responsible for its own tax                                 
            liabilities going forward.                                                                  
                  d.  Kanter’s Testimony Regarding IRA                                                  
                  The STJ report, at 83 note 36, treats as credible Kanter’s                            
            testimony that he served as an adviser, attorney, and consultant                            
            to IRA and he made recommendations to Freeman and Weisgal, who                              
            made final decisions regarding IRA’s investments.  This                                     
            credibility determination was manifestly unreasonable inasmuch as                           
            (1) Kanter conceded that, for several years during the 1980s,                               
            Freeman was too concerned with his own legal woes to manage IRA,                            
            and (2) Weisgal could recall little about IRA’s operations.  As                             
            discussed infra pp. 276-278, IRA was simply Kanter’s alter ego,                             
            and Kanter’s testimony to the contrary lacked credibility.                                  
                  e.  Kanter’s, Ballard’s, and Lisle’s Denials                                          
                  The STJ report, at 72-81, treats as credible Kanter’s and                             
            Ballard’s testimony, and Lisle’s statement to IRS agents, that                              
            they were not engaged in a kickback scheme during the years at                              






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