Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 297

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                                              OPINION143                                                
            The provision of section 61 that gross income includes all                                  
            income from whatever source derived would encompass fees and                                
            commissions earned as compensation for services.  THC and Zion                              
            received payments from Equitable Leasing which were labeled                                 
            inconsistently as commissions and/or loans.  Kanter asserts THC                             
            and Zion “received certain amounts from Equitable Leasing in the                            
            first six months of 1983 as an accommodation to allow Zion to                               
            make investments in certain offerings Equitable Leasing was                                 
            promoting so that those offerings could become fully subscribed                             
            and close.”  Petitioners’ Reply Brief at 1245.                                              
                  Respondent contends all the moneys Equitable Leasing                                  
            transferred to THC and Zion were commissions paid to Kanter to                              
            compensate him for recruiting investors for Mallin’s equipment                              
            leasing transactions.  Kanter argues the funds in question were                             
            loans.  We agree with respondent.                                                           
                  The record shows:  (1) Kanter recruited investors for                                 
            Equitable Leasing’s transactions, and (2) Mallin/Equitable                                  
            Leasing paid commissions for these services to Kanter-related                               
            entities, THC and Zion.  Against this evidence, Kanter offered                              


                  143  The STJ report recommended holding that respondent is                            
            barred from making any determination concerning the taxable year                            
            1983 on account of the expiration of the period of limitations                              
            governing assessment and collection for that year.  As previously                           
            discussed, we determined that Kanter’s income tax returns for the                           
            years at issue were fraudulent, and, therefore, the period of                               
            limitations remains open pursuant to sec. 6501(c)(1).                                       




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