-296-                                                   
            findings of fact that we have culled from the record in an effort                           
            to fully illuminate the transactions in dispute, we reject as                               
            manifestly unreasonable the STJ report’s acceptance of Kanter’s                             
            and Ballard’s testimony, and Lisle’s statement to IRS agents,                               
            that they were not participants in a kickback scheme.  There is                             
            abundant and overwhelming objective evidence of record that the                             
            payments from The Five constituted income earned by Kanter,                                 
            Ballard, and Lisle (and in some instances by Kanter alone) and                              
            that income was delivered to Kanter, Ballard, and Lisle by way of                           
            a circuitous and well-concealed route through various Kanter-                               
            related entities.  The objective evidence regarding Kanter’s,                               
            Ballard’s, and Lisle’s general conduct and the flow of funds in                             
            these cases wholly discredits petitioners’ testimony that they                              
            were not involved in a kickback scheme.  Consequently, we reject                            
            petitioners’ testimony as inherently improbable and conclude,                               
            contrary to the STJ report, that Kanter, Ballard, and Lisle                                 
            earned income in the form of payments from The Five during the                              
            years at issue and failed to report that income on their tax                                
            returns.                                                                                    
                  Kanter arranged to conceal Ballard’s and Lisle’s roles in                             
            the scheme by funneling the payments from The Five to sham                                  
            entities including IRA, THC, Carlco, TMT, BWK, and FPC Subventure                           
            Partnership.  Those entities served no legitimate business                                  
Page:  Previous   286   287   288   289   290   291   292   293   294   295   296   297   298   299   300   301   302   303   304   305   NextLast modified: May 25, 2011