Robert J. Goldberg and Bradley A. Morgan - Page 5




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               be decreased in the amount of $1,657,609 to limit any loss             
               incurred by you and the partnership in connection with the             
               security transaction to the amount actually at risk in the             
               transaction, pursuant to Internal Revenue Code §465(b)(4).             
               7.   It is further determined that no deduction is                     
               allowed for any legal, accounting, consulting and                      
               advisory fees claimed in the amount of $125,000 since                  
               you failed to establish that such expenditures were                    
               incurred, and if incurred, are deductible under any                    
               provision of the Internal Revenue Code, including but                  
               not limited to Internal Revenue Code §§ 183 and 212.                   
               Alameda and petitioners filed separate petitions with this             
          Court.  Alameda’s petition was filed at docket No. 7810-05.  On             
          January 29, 2007, this Court entered a stipulated decision in the           
          case at docket No. 7810-05.                                                 
               Petitioners’ petition assigned error to all of the                     
          determinations respondent made in his notice of deficiency.                 
          Paragraph 4(g) of petitioners’ petition stated:                             
                    The Commissioner erred in his determination that                  
               no deduction is allowed for any legal, accounting,                     
               consulting and advisory fees, claimed in the amount of                 
               $125,000, on the grounds that Petitioners failed to                    
               establish that such expenditures were incurred, and if                 
               incurred, are deductible under any provision of the                    
               Internal Revenue Code.                                                 
          On September 14, 2006, respondent moved to dismiss the case                 
          herein for lack of jurisdiction upon the ground that the notice             
          of deficiency was invalid under section 6225.  On November 3,               
          2006, petitioners notified the Court that they did not object to            
          respondent’s motion.  On November 14, 2006, the Court issued an             
          order to the parties requesting responses, via a written status             
          report, to the following:  (1) Why Alameda does not fall under              






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