Zalman Melnik and Lea Melnik - Page 28

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          The resulting record reeks of self-interest and is riddled with             
          imprecision and inconsistencies that petitioners do not explain.            
          The record fails to establish the dates when certain relevant               
          events took place, is lacking in credible evidence that the                 
          annuity transactions had economic substance independent of tax              
          considerations, and is woefully inadequate to demonstrate that              
          respondent’s determination was wrong.                                       
               The inadequacies permeate every aspect of the record.  We              
          shall review in detail some of the problems with the record                 
          presented by petitioners and our reasons for concluding that                
          petitioners’ evidence is not worthy of belief and is not                    
          sufficient to demonstrate that respondent’s determination was in            
          error.                                                                      
                    1.  Failure To Prove Relevant Dates                               
               Petitioners contend that the establishment of the foreign              
          trusts and Clend, the sale of HouTex stock to Clend in exchange             
          for private annuities, and the sale and merger of HouTex were               
          bona fide business transactions that were motivated by a business           
          purpose and imbued with economic substance independent of tax               
          considerations.  However, the record fails to disclose the dates            
          when important steps of these transactions took place, making it            
          difficult, if not impossible, for us to evaluate the legitimacy             
          of petitioners’ contentions.                                                







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