- 16 - Neither Knox nor anyone else provided any specific explanation, examples, or research product that showed how the product would or could work, or how the research would lead to an actual business activity. Petitioner and Knox merely offered hearsay materials that allegedly corroborated their view of the problems in the national economy. Petitioner introduced expert testimony and a report that analyzed the diskettes created in 1995. The expert report specifically stated, however, that the expert was not an economist and did not “fully understand the economic projections and usefulness of the goals of this software and furthermore cannot comment on the algorithms used in the software.” The record is devoid of any plan for production of the software for sale to the public, and petitioner stipulated to the absence of arrangements for marketing any product. Knox and Montelius made a few self-serving reports to investors, some of which were prepared after audit of the partnership’s returns commenced, but the reports are not corroborated by any nonhearsay evidence, and they lack credibility. The record supports various inferences about the tax-avoidance purpose of the partnership and the motivation of Knox and the other partners; it negates economic substance or profit objective. The evidence does not support a finding that the partnership had either the objective intent or the capability of entering into any business. Petitioner has failed to satisfyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011