Donald Ferry and Sharon Ferry - Page 9

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            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.                                                      




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