-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 atPage: Previous 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 Next
Last modified: May 25, 2011