Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 312

                                                -374-                                                   
            Issue XII.  Whether Kanter Realized and Must Recognize Capital                              
                        Gains as a Result of Transactions Involving Cashmere                            
                        Investments Associates, Inc., During 1983 and Whether                           
                        the Kanters May Use the Installment Method To Report                            
                        Gains (STJ report at 145)149                                                    
                                          FINDINGS OF FACT                                              
            During the 1970s, Kanter was involved in a series of real                                   
            estate development projects with developers Sam Zell (Zell) and                             
            Robert Lurie (Lurie).  Kanter, Transcr. at 4241-4243, 4261.  The                            
            development properties were owned by partnerships (real estate                              
            partnerships) and Kanter held interests in the real estate                                  
            partnerships through the BWK Revocable Trust, the Everglades                                
            Trusts (Nos. 1-5), the BWK Family Trusts, and THC.  Exh. 9156,                              
            items 3, 6.  The BWK Revocable Trust and the Everglades Trusts                              
            were grantor trusts whose income was attributable to Kanter                                 
            personally.  Exhs. 130 and 130A; Kanter, Transcr. at 4235, 4261-                            
            4262.                                                                                       
             The designated beneficiaries of the BWK Revocable Trust, the                               
            BWK Family Trusts, and the Everglades Trusts were members of                                
            Kanter’s family.  Exhs. 453, 583, 9213, 130, 130A; Kanter,                                  
            Transcr. at 4235, 4261-4262.  During 1983, THC’s shareholders                               


                  149  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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