-327- today as a cornerstone of our graduated income tax system.” A more recent expression by the Supreme Court of the same principle appears in Commissioner v. Banks, 543 U.S. 426 (2005). B. The Parties’ Arguments Petitioners contend the payments THC received from Hi- Chicago Trust are not taxable to Kanter under the assignment of income doctrine. Petitioners argue Kanter held a property interest with respect to the trust and he transferred that property interest to THC well before the years at issue. Petitioners also deny the payments THC received from the trust were compensation for Kanter’s personal services. Respondent, on the other hand, contends that under the assignment of income doctrine, the payments were taxable compensation for Kanter’s personal services. C. Analysis Whether the payments to THC are income to Kanter turns on whether the payments were compensation for Kanter’s personal services. Kanter testified that, pursuant to the 1972 arrangement among himself, Federman, and the trust beneficiaries, Kanter was granted a “carried interest” as to Hi-Chicago Trust’s investment gains and investment properties. Kanter claimed this “carried interest” arrangement was totally independent of his serving as Hi-Chicago’s trustee and the payments to THC were not compensatory. Kanter added that, at some point during the 1970s,Page: Previous 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 Next
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