-279- Lisle’s families) to ensure that (a) Carlco’s investments in municipal bonds would not imperil IRA’s interest deductions, and (b) no one at IRA (such as Freeman) would be able to second-guess Ballard’s and Lisle’s investment decisions. None of these assertions withstands serious scrutiny. The record shows that (1) IRA acquired 1,000 shares of common stock of Carlco, of TMT, and of BWK in December 1983, and (2) Carlco preferred stock was issued to Christie Trust (Lisle’s family trust), TMT preferred stock was issued to the Orient Trust (Ballard’s family trust), and BWK preferred stock was issued to the BK Children’s Trust (one of the Bea Ritch Trusts). The record, however, is devoid of stock ledgers or related information for these corporations after early 1984. Respondent requested a comprehensive set of corporate records for Carlco, TMT, and BWK; however, petitioners failed to produce such records for the period after 1984. Although the paper record (stock certificates) suggests that IRA owned a controlling interest in Carlco, TMT, and BWK, the manner in which Kanter, Ballard, and Lisle handled the assets that IRA transferred to those entities (discussed supra pp. 178-194) indicates that, in substance, Lisle owned Carlco, Ballard owned TMT, and Kanter owned BWK. In 1984, Kanter directed IRA to transfer a substantial portion of its cash on hand to Carlco, TMT, and BWK in a 45/45/10 percent split. IRA also transferred to Carlco, TMT, and BWK itsPage: Previous 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 Next
Last modified: May 25, 2011