Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 260

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            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,                           






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