Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 361

                                                -419-                                                   
           misguided in their attempt to bootstrap this issue with that of                              
           the HGA Cinema Trust case regarding the SLG Partners computer                                
           sale/leaseback transaction.  SLG Partners was a separate and                                 
           distinct entity from GLS Associates, and the SLG Partners                                    
           computer sale/leaseback transaction was a separate and different                             
           transaction from the GLS Associates transaction.  It was                                     
           incumbent on petitioners to introduce pertinent evidence on the                              
           GLS Associates transaction, as opposed to merely arguing that the                            
           GLS Associates transaction was essentially the same as the SLG                               
           Partners transaction.  Petitioners failed to produce any evidence                            
           on this issue, and their self-serving legal arguments on brief do                            
           not constitute evidence.  Consequently, the Court sustains                                   
           respondent’s determination on this issue.  See Rule 142(a).161                               

                  161  The Court also finds petitioners’ seeming reliance upon                          
            HGA Cinema Trust v. Commissioner, T.C. Memo. 1989-370, affd. 950                            
            F.2d 1357 (7th Cir. 1991), curious, as petitioners are not                                  
            arguing that this Court should reach a conclusion similar to its                            
            conclusion therein.  In HGA Cinema Trust, this Court, among other                           
            things, determined that certain long-term promissory notes SLG                              
            Partners issued in connection with the purchase of computer                                 
            equipment were not valid indebtedness.  The taxpayer in HGA                                 
            Cinema Trust was a trust that was a limited partner in SLG                                  
            Partners.  Kanter was the trust’s trustee and also its counsel in                           
            the litigation before this Court and the U.S. Court of Appeals                              
            for the Seventh Circuit.  Moreover, in the instant cases,                                   
            although there originally had been certain adjustments at issue                             
            between the parties relating to SLG Partners and K&D Associates                             
            (which latter entity, according to petitioners, simply held an                              
            interest in SLG Partners), those adjustments were settled by the                            
            parties.  On May 15, 1995, the parties filed with the Court their                           
            stipulation of settlement as to certain issues between the                                  
            Kanters and respondent.  Pursuant to the May 15, 1995,                                      
            stipulation of settlement, petitioners generally conceded the                               
            underlying SLG Partners and K&D Associates adjustments, except                              
                                                                          (continued...)                




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