Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 214

                                                -285-                                                   
                  The record also includes a promissory note that Ballard                               
            purportedly executed on January 20, 1987, which provided (1)                                
            Ballard agreed to pay to TMT, on demand, the principal sum of                               
            $100,000, and (2) the note would not bear interest but TMT was                              
            entitled to receive 90 percent of the “dividends” paid to Ballard                           
            by Fairfield.  At the same time, Ballard’s wife, Mary Ballard,                              
            acting as TMT’s president, and Ballard signed an agreement which                            
            stated that (1) Ballard was executing a note to TMT and was                                 
            pledging 1,000 shares of Fairfield common stock as security for                             
            the note, and (2) TMT, as part of the transaction, agreed to                                
            advance in the future “any deficits incurred by * * * Ballard in                            
            the operations of Fairfield * * * and is to receive 90% of the                              
            dividends paid by Fairfield”.  Mary Ballard, acting in her                                  
            individual capacity, and Ballard also signed an assignment which                            
            stated that “for the purpose of securing the payment of all                                 
            indebtedness now owing, or which may at any time hereafter be                               
            owing” by Ballard to TMT, the Ballards assigned to TMT 1,000                                
            shares of Fairfield common stock.                                                           
                  In 1987, TMT apparently paid an additional $20,344 to                                 
            Fairfield, and this amount was treated as an additional loan to                             
            Ballard.                                                                                    
                  The Ballards reported Fairfield items of income and loss on                           
            their 1987, 1988, and 1989 tax returns.                                                     







Page:  Previous  275  276  277  278  279  280  281  282  283  284  285  286  287  288  289  290  291  292  293  294  Next

Last modified: May 25, 2011