- 16 - he did so with the intent to mislead Delk. Respondent has not shown that petitioner knew the bases of the shares he sold in 1988 and 1989 or that he intentionally gave Delk incorrect information. Respondent disputes petitioner’s claim that he told Delk about the errors on petitioner’s 1988 and 1989 organizers. Despite respondent’s suspicions, respondent offered no credible evidence to the contrary. Neither party called Delk to testify due to his poor health. Respondent argues that petitioner did not cooperate with respondent's agents because he did not give Sexton all of the documents she requested. Petitioner provided a substantial amount of documents to Sexton in response to her requests, and petitioner or Delk attended meetings with Sexton. Respondent did not show what documents petitioner gave Sexton, and so we cannot evaluate respondent’s contention that petitioner was so uncooperative as to constitute a badge of fraud. Respondent contends: (a) Petitioner’s testimony that he thought he had a basis of about $4 per share in the OPCS stock he sold in 1988 was not credible, (b) petitioner did not explain why petitioners reported sales of high basis stock on their 1988 return when SEC rule 144 barred him from selling stock he had acquired within 2 years, and (c) petitioner knew that his 1988 organizer was in error. Respondent relies on these points inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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