- 9 - Forms W-2), and as a partner (signing a partnership return as "general partner").2 Wilberding considered petitioner to be his 50-percent partner. Wilberding believed that Wayanne was dissolved in 1983 or 1984, at which time he and petitioner became partners in all the various entities petitioner had created. At that time some bank accounts were closed, and other bank accounts were set up for various aspects of the business. For instance, a payroll account under the name of "Wayanne, Inc." was changed to "Wayanne Ltd." The name of the restaurant was changed to Iron Hill Restaurant, Ltd. In 1989 Wilberding and petitioner parted ways, and Wilberding sued petitioner for an accounting. The dispute was precipitated by a letter from the IRS saying that Wayanne was being audited.3 Wilberding discovered his name was on purported returns which he had not signed, and he asked petitioner for an 2 Petitioner testified in a previous trial that his sons owned an interest in Iron Hill Investments, Inc., but sold their interest in December 1988, when the children would have been 14 and 10 years of age. 3 It is unclear what years were under audit, whether returns had been filed for those years and, if so, whether they were corporate or partnership returns. It is clear that petitioner told the IRS agent that he had a power of attorney for the business. Petitioner had removed the records from the restaurant premises, and met with the revenue agent, giving her permission to take the records for copying. She later returned them to Wilberding. Despite some tangential testimony about the restaurant audit, those returns are not in evidence and appear to have little or no relevance to this case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011