-267- Lisle used Essex Partnership as a conduit to receive a portion of the management fees paid to GHM on the Gateway Hilton and Midland Hilton management contracts (through distributions to IRA), and Kanter received a separate portion of those same management fees (through distributions to THC). As discussed in the flow-of- funds analysis below, the distributions that IRA received from Essex Partnership were distributed to Carlco, TMT, and BWK. Essex Partnership represented an effort by Kanter, Ballard, and Lisle to assign to IRA and/or THC income that they earned. E. Flow-of-Funds Analysis The Court’s additional findings of fact regarding the flow of funds from The Five to IRA and from IRA ultimately to Kanter, Ballard, and Lisle are summarized in table 11. Table 11 shows that with so-called capital contributions, loans that were never repaid, and other payments to Kanter, Ballard, Lisle, and their families, IRA transferred to Carlco and/or Lisle, TMT and/or Ballard, and BWK and/or Kanter, in a roughly 45/45/10 percent split, all of the payments from The Five (and nothing more). The flow-of-funds analysis also demonstrates that Kanter, Ballard, and Lisle had unrestricted use and enjoyment of the assets IRA transferred to BWK, TMT, and Carlco, and they treated those assets as their own. The Court’s additional findings of fact regarding the flow of funds from The Five to THC, and ultimately to Kanter andPage: Previous 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 Next
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