-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 hePage: Previous 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 Next
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