- 41 - profitable sale of three yachts and real estate worth more than $5.7 million. He also brought two lawsuits that resulted in significant monetary settlements to him. In sum, we are not persuaded that petitioner was experiencing any significant incapacity during the period that fraud has been alleged. To the contrary, the record amply demonstrates that petitioner was an astute businessman. In this context, such a background is further circumstantial evidence that his underpayment of taxes was due to fraud. We conclude that, viewed as a whole, the evidence establishes that a portion of the underpayment in each year at issue was attributable to fraud and that petitioner has failed to show that any portion of the underpayments was not attributable to fraud. Petitioner’s efforts to provide a nonfraudulent explanation for his actions are unconvincing. The sheer magnitude of the overstatements of basis and petitioner’s inconsistent and implausible explanations of his lack of substantiation strongly suggest that petitioner was attempting to avoid paying tax on the gain from the sale of the yachts. While he claims on brief that the lawsuit proceeds were a return of 23(...continued) receipts from his charter business of $399,239 in 1995 and $318,471 in 1996. The total 2-year revenues from these two enterprises are $3,684,278. Petitioner's 1995 and 1996 receipts for the Winston Yacht and Country Club, Inc., are not in record and are not included in this total.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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