Sherry P. Aude - Page 13

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          that the deductions attributable to Mr. Aude's investment in the            
          transaction would give rise to a substantial understatement. Id.            
          In regard to the meeting, Mr. Gruys could not recall the                    
          specifics of the tax discussion, such as whether tax writeoff               
          ratios were discussed or not.  At this time, while explaining the           
          investment, Mr. Saranni did not say that the investment was a               
          sham, and Mr. Saranni did not say that the claimed losses would             
          be disallowed if the returns were audited.  Furthermore, Mr.                
          Gruys did not tell the Audes that it was a sham investment, nor             
          did he advise the Audes of the audit risk.  He merely recommended           
          that the Audes not purchase an interest in Magnum because it was            
          "an inappropriate investment."                                              
               An examination of the record reveals that Mr. Aude alone               
          executed the investment papers, and he made the required capital            
          contribution payments.  Petitioner never saw the investment                 
          papers, and was unaware of the amount of money that Mr. Aude                
          invested in Magnum.  Further, Mr. Aude did not tell her that the            
          investment would save taxes or that it was a tax shelter.                   
               Further, petitioner's lack of knowledge regarding the                  
          transaction is corroborated by Mr. Gruys' responses.  Mr. Gruys             
          only occasionally talked with petitioner; instead, he generally             
          saw only Mr. Aude.  Never reviewing any papers regarding the                
          investment, Mr. Gruys relied on the Schedules K-1 prepared by               
          Magnum in his preparation of the Audes' returns.  In advising the           
          Audes, Mr. Gruys did not speak to petitioner regarding the                  




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