Ernest I. Korchak - Page 38

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          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.                 






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