David Bruce McMahan - Page 4

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            filed and that the new deadline to file the return was August 15,                         
            1983.                                                                                     
                  Toni-Ann Supino served as petitioner's executive manager and                        
            assistant.  She managed petitioner's personal and business                                
            matters and was responsible for keeping petitioner informed about                         
            deadlines.  Ms. Supino was aware of the August 15, 1983, deadline                         
            for filing petitioner's return and monitored the deadline                                 
            pursuant to her standard office procedures.  She recorded in her                          
            calendar this deadline and all of petitioner's other business and                         
            personal deadlines.  In addition, she made an entry on the page                           
            of her calendar corresponding to a date several weeks prior to a                          
            deadline so that she could monitor the appropriate employees to                           
            ensure that the deadline was met.4                                                        
                  In May or June of 1983, the executive committee of MBMC made                        
            a decision to transfer responsibility for preparing the general                           
            partners' tax returns, including petitioner's, to Gerald Marcus,                          
            a partner at the accounting firm of Oppenheim, Appel, Dixon & Co.                         
            (OAD).  Mr. Russell, however, was not relieved of his                                     
            responsibility to file petitioner's return until mid-August, and                          
            documents relating to petitioner's return were not transferred                            
            from Mr. Russell to OAD until after the August 15, 1983,                                  
            deadline.                                                                                 


            4Her daily responsibilities were recorded in her "to-do"                                  
            list.  She rewrote this list each night, eliminating those tasks                          
            that had been accomplished and adding new responsibilities.                               




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