- 10 - 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. PetitionerPage: 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