-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 businessPage: Previous 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 Next
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