Estate of Burton W. Kanter, Deceased, Joshua S. Kanter, Executor, and Naomi R. Kanter, et al. - Page 425

                                                 -67-                                                   
            or controlled by Kanter.  In turn, Kanter and/or entities under                             
            Kanter's control transferred some or all of those payments to one                           
            or more entities, and, through a succession of transfers, the                               
            moneys ultimately filtered down to Ballard, Lisle, and Kanter,                              
            either as corporate capital contributions or in the form of                                 
            loans, which were never repaid and later written off as                                     
            uncollectible.  Respondent variously characterized the operation                            
            as “schemes” by which payments by The Five went figuratively into                           
            a “black box” from which there was a “drop down” to and through                             
            various entities until the moneys reached Ballard, Lisle, and                               
            Kanter.  In actuality, respondent argues, the payments under the                            
            Prudential scheme constituted kickback income to Kanter, Ballard,                           
            and Lisle, which Kanter, Ballard, and Lisle fraudulently failed                             
            to report on their respective income tax returns.                                           
                  As the Court understands the case, respondent’s claim of                              
            fraud is not based, per se, on the payments by The Five to Kanter                           
            or any of the other entities to which such payments were                                    
            directed.  The record is clear, and respondent does not challenge                           
            the fact, that all payments made by The Five were reported as                               
            income on the Federal income tax returns of the entities                                    
            receiving such payments.  Respondent’s claim of fraud essentially                           
            is based upon (1) the failure of Ballard, Lisle, and Kanter to                              
            report, as income, amounts that were “dropped down” to them as                              
            loans that were never repaid, and (2) as to Kanter, for moneys he                           




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