Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 207

                                                -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 its                            






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