-274- discussed below, Kanter passed at least a portion of Lisle’s share of this income to Lisle through FPC Subventure Partnership. a. FPC Subventure Partnership Kanter, purportedly as a nominee, acquired 8-percent limited partnership interests in both Four Ponds Partnership and One River Partnership--two partnerships organized by Schaffel and Torcivia for real estate development projects. A “memorandum to file”, dated April 14, 1982, stated (1) on January 1, 1981, Kanter (as nominee) transferred his 8-percent limited partnership interest in Four Ponds Partnership to Lisle (90 percent) and the Everglades Trusts (10 percent); (2) Lisle issued a promissory note to Kanter for $2,880; (3) Lisle and the Everglades Trusts formed FPC Subventure Partnership; (4) on April 5, 1982, Four Ponds Partnership made a $400,000 cash distribution to Kanter; and (5) Kanter transferred the Four Ponds distribution to FPC Subventure Partnership, which distributed $355,500 to Lisle and $39,500 to the Everglades Trusts, leaving $5,000 in FPC Subventure Partnership’s account.115 Contrary to Kanter’s testimony, Schaffel and Torcivia were not aware that Lisle was a partner in FPC Subventure Partnership. 115 Contrary to the “memorandum to file”, FPC Subventure’s tax return for 1982 and a Schedule K-1 issued to Lisle indicate the partnership made a cash distribution of $427,600 and Lisle received $384,840 (or 90 percent) of that amount.Page: Previous 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 Next
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