Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 302

                                                -365-                                                   
            serving.  Respondent asserts Kanter offered no credible                                     
            documentation substantiating the nontaxable nature of the                                   
            $1,303,207 of deposits at issue.  Respondent emphasizes that two                            
            of the disputed deposits are attributable to funds Kanter                                   
            received from the TACI Special E and TACI Special Accounts which                            
            Kanter purportedly used to disguise payments to himself as loans.                           
            C.  The STJ Report                                                                          
                  The STJ report recommended holding for Kanter on this issue                           
            on the grounds that (1) Kanter and Gallenberger testified                                   
            credibly that the questioned deposits were either loans to Kanter                           
            or returns of Kanter’s capital,145 (2) Kanter’s and Gallenberger’s                          
            testimony was corroborated by Kanter’s check register, and (3)                              
            respondent offered no evidence to rebut the above evidence and                              
            testimony.                                                                                  
            D.  Analysis                                                                                
            Considering the large amounts of the bank deposits in                                       
            question and Kanter’s obfuscation during the examination process,                           
            we cannot fault respondent for declining to accept Kanter’s check                           
            register as an adequate record of his taxable income for 1982.                              
            Without more, respondent was wholly justified in employing the                              


                  145  The STJ report, at 131-132, includes statements                                  
            suggesting that Kanter offered testimony regarding his bank                                 
            deposits for 1982 and that testimony was credible.  The Court is                            
            unable to find any citation of Kanter’s testimony on this point                             
            in petitioners’ posttrial briefs, nor is the testimony apparent                             
            from a review of the transcript.                                                            





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