Francine Acquaviva - Page 10

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               Mr. Acquaviva intended to reinvest the proceeds from the               
          condemnation into another venture with Mr. DiMisa.  In the fall             
          of 1987, Mr. Acquaviva and Mr. DiMisa sought legal advice from              
          Mr. Gannette regarding the 1986 condemnation gain.  Mr. Gannette            
          advised the partners that in seeking the benefits of section                
          1033, HGCC would be regarded as an entity separate from its                 
          partners, and, as such, it was incumbent upon HGCC, not the                 
          partners individually, to acquire and hold replacement property             
          in its trade or business.  Mr. DiMisa, however, decided not to              
          enter into another venture with Mr. Acquaviva through HGCC; he              
          decided to report his share of the taxable income related to the            
          1986 condemnation.  Thus, the 1986 condemnation proceeds were               
          never reinvested by HGCC.  Mr. Defalco prepared an amended 1986             
          individual income tax return which reported Mr. Acquaviva's                 
          proportionate share of HGCC's gain from the 1986 condemnation.              
          Mr. Defalco delivered the amended return to Mr. Acquaviva for               
          filing.  Mr. Acquaviva never filed this amended return.  Mr.                
          Acquaviva explained that he could not afford to pay his share of            
          the tax liability because he had used the condemnation proceeds             
          to, among other things, purchase other properties in                        
          contemplation of either contributing or selling them to HGCC.               
          Mr. Acquaviva never told petitioner of his discussions with Mr.             
          DiMisa, Mr. Defalco, or his tax attorney concerning the                     
          involuntary conversion, nor did he discuss with her his decision            
          to ignore the advice of his professional advisers.  Petitioner              




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