-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.Page: Previous 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 Next
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