- 38 - carry back losses and credits to prior tax years, and (5) attempted to monitor and resurrect the investment. Again, we must reject petitioner’s argument. We find it incredible that someone with petitioner’s education and experience would rely on an investment in Madison to ease immediate employment concerns. Madison did not offer sufficient cashflow to petitioner to operate as a substitute for petitioner’s salary, even if the representations in the POM were accepted at face value. We also find incredible petitioner’s claim that he did not know his “tax status” before he invested in Madison. Even if petitioner was unaware of the exact amount of his 1982 tax liability when he invested in Madison, he admitted at trial that he knew his income from Halcon in 1982 would be substantial. A person with petitioner’s education and experience who knew his 1982 income would be substantial would certainly have reason to believe that he was facing a significant tax liability for 1982. Petitioner’s argument that his choice not to invest more than $75,000 in Madison demonstrates a secondary concern about tax benefits also defies logic. Claiming large tax benefits rather than even larger tax benefits does not evidence a profit motive. Furthermore, if petitioner truly had a profit motive, the argument could just as easily be made that he would have invested a larger amount in Madison to get a larger profit.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
Last modified: May 25, 2011