Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 298

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            little in the way of rebuttal.  Although THC’s accounting records                           
            labeled some of the funds it received from Equitable Leasing as                             
            loans, those entries were contradicted by other entries labeling                            
            the payments as commissions.  Kanter did not provide any                                    
            additional evidence such as promissory notes or proof of                                    
            principal or interest payments to corroborate THC’s records.                                
            Given that Kanter controlled the entities involved, we resolve                              
            any doubts engendered by the record in respondent’s favor.                                  
            Considering all the circumstances, we sustain respondent’s                                  
            determination that the funds that Equitable Leasing transferred                             
            to THC and Zion during 1983 represented income that Kanter earned                           
            during 1983 and that he attempted to assign to THC and Zion.                                
            These payments are includable in Kanter’s income for 1983.                                  
            Issue VIII.  Whether Kanter Received Unreported Income for 1982                             
                        According to the Bank Deposits Method of Income                                 
                        Reconstruction (STJ report at 129-133)                                          
                                          FINDINGS OF FACT                                              
                  During 1982, Kanter made a total of approximately $2.8                                
            million in deposits to his three bank accounts at American                                  
            National Bank at Chicago, Illinois.  Kanter maintained a check                              
            register in which he recorded the source and nature of the                                  
            deposits made to these accounts.  In preparing the Kanters’ 1982                            
            joint individual Federal income tax return, Linda Gallenberger,                             
            Kanter’s accountant, used the check register to determine what                              
            portion of his 1982 bank deposits represented taxable income.                               





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