-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).Page: Previous 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 Next
Last modified: May 25, 2011