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was transported to a hospital in Belgium where he underwent
coronary bypass and mitral valve repair on March 25, 2000. Mr.
Kopty was released on April 10, 2000, but was readmitted from
time to time for further treatment through the end of June 2000.
The medical records submitted by petitioners make it clear that
Mr. Kopty’s heart attack and related medical problems between
March and June of 2000 were serious. Mr. Kopty’s treating
physician in Belgium wrote on July 29, 2000: “since March 3,
2000 Mr. Kopty had to stop his professional activities. It seems
obvious that these activities will have to be strongly reduced in
the future.”
The record in this case, however, makes it difficult to find
that Mr. Kopty was "disabled" within the meaning of section
72(m)(7) by his heart condition. First, after June of 2000 he
continued to travel between Dubai and Belgium. He testified at
trial about the steps which he had to take in order to close his
business in Dubai and "relocate" to Belgium. Furthermore,
petitioners’ income tax return for 2000 includes a Schedule C of
Mr. Kopty’s sole proprietorship which reflects business expenses
of $52,457 for the year. The expenses claimed on that Schedule C
include travel expenses of $2,450, expenses for meals of $1,760,
and telephone expenses of $6,380. The business activities
suggested by those expenses belie petitioners’ claim that Mr.
Kopty was “unable to engage in any substantial gainful activity”
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