Winston Knauss - Page 41

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          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.                                         





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