Neonatology Associates, P.A., et al - Page 66




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            tax-free asset accumulation.  The subject VEBA’s were not                                  
            designed, marketed, purchased, or sold as a means for an employer                          
            to provide welfare benefits to its employees.  Cf. Booth v.                                
            Commissioner, 108 T.C. 524, 561-563 (1997) (designers of welfare                           
            benefit funds intended to provide employees with real welfare                              
            benefits that would not be subject to abuse).  The small business                          
            owners at bar (namely, the petitioning physicians) invested in                             
            the VEBA’s through their businesses and caused their businesses                            
            to purchase the C-group product from the insurance salesmen.  The                          
            insurance salesmen, guided by the designer of the C-group                                  
            product, represented to the physicians that favorable tax                                  
            consequences would flow from an investment in the VEBA’s and the                           
            purchase of the C-group product.                                                           
                  Before turning to the issues at hand, we pause to pass on                            
            our perception of the trial witnesses.  We observe the candor,                             
            sincerity, and demeanor of each witness in order to evaluate his                           
            or her testimony and assign it weight for the primary purpose of                           
            finding disputed facts.  We determine the credibility of each                              
            witness, weigh each piece of evidence, draw appropriate                                    
            inferences, and choose between conflicting inferences in finding                           
            the facts of a case.  The mere fact that one party presents                                
            unopposed testimony on his or her behalf does not necessarily                              
            mean that the elicited testimony will result in a finding of fact                          
            in that party’s favor.  We will not accept the testimony of                                






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