Wayne and Pamela Berry - Page 19




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          earned a six-figure salary.  Petitioners’ income (exclusive of              
          partnership losses) of $146,879 and $187,674 in 1982 and 1984,              
          respectively, shows that petitioners stood to benefit                       
          substantially by the deductions and credits that Whitman offered.           
          Clothier explained to petitioner the immediate tax benefits of              
          the investment.  The expectation of such benefits motivated                 
          petitioner to invest in Whitman.                                            
               At trial, petitioner made a transparent attempt to downplay            
          his role in the success of Apex, describing his duties as                   
          “strictly limited to production”.  He described his business                
          aptitude by saying:  “I think everybody has strengths and                   
          weaknesses in what they do, and mine is, I’m more mechanically              
          inclined.”  As to the source of Apex’s success, petitioner said:            
          “I’ve been lucky”.  Petitioner also testified that he has been              
          diagnosed with dyslexia and that he does not enjoy reading.                 
               Petitioner’s claim that he lacks sophistication is self-               
          serving and inconsistent with the facts.  It is readily apparent            
          that petitioner completely dominates the operations of Apex and             
          is responsible for its remarkable success.  His alleged choice to           
          devote his efforts to the production operations of Apex as well             
          as his aversion to reading are not inconsistent with his                    
          possessing business acumen.  We note that petitioner acquired               
          equipment in the name of Lake Stevens Leasing, which he described           
          as a d/b/a for himself, that leased equipment to Apex.                      






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