Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 261

                                                -328-                                                   
            he had transferred his “carried interest” in Hi-Chicago Trust to                            
            THC.                                                                                        
                  Kanter’s testimony on this point is self-serving and                                  
            unconvincing.  In effect, petitioners assert Federman and the                               
            trust beneficiaries, in agreeing to the 1972 arrangement, made a                            
            “gift” to Kanter.  However, the Court does not believe Federman                             
            and the trust beneficiaries were acting out of a “detached and                              
            disinterested generosity” to Kanter.  See Commissioner v.                                   
            Duberstein, 363 U.S. 278, 285-286 (1960).  Undoubtedly Federman                             
            and the trust beneficiaries were eager to have Kanter serve as                              
            trustee and manage the trust’s investments inasmuch as Kanter had                           
            extensive business contacts and he offered the promise of                                   
            lucrative returns on the trust’s investments.  Such profitable                              
            trust investments could greatly benefit the trust’s                                         
            beneficiaries.  The “carried interest” provided a direct                                    
            financial incentive to Kanter, as trustee and manager, to seek                              
            out and make profitable investments on behalf of Hi-Chicago                                 
            Trust.131                                                                                   



                  131  Petitioners offered no testimony from Federman or the                            
            trust beneficiaries.  Nor did petitioners present any evidence as                           
            to whether a gift tax return was filed with respect to the                                  
            granting of the “carried interest” to Kanter in the early 1970s.                            
            Petitioners’ failure to offer such evidence leads the Court to                              
            conclude this evidence would have been harmful to petitioners’                              
            case.  See Wichita Terminal Elevator Co. v. Commissioner, 6 T.C.                            
            1158, 1165 (1946), affd. 162 F.2d 513 (10th Cir. 1947).                                     






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