Francine Acquaviva - Page 11

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          concedes that the gain realized on the 1986 condemnation award              
          should have been reported on an amended 1986 return.                        
               3.  Magnum Development Corp.                                           
               During the 1986 and 1987 taxable years, Magnum was a                   
          closely held real estate development corporation owned by Mr.               
          Acquaviva and three of his sons.  Magnum functioned as the                  
          general contractor on Mr. Acquaviva's residential real estate               
          development projects.  Mr. Acquaviva occasionally made cash                 
          advances to Magnum.  No promissory notes were executed and Magnum           
          did not pay interest on the funds advanced.                                 
               Magnum paid some of Mr. Acquaviva's personal expenses.                 
          During 1986, Magnum paid $23,890 for the installation of a                  
          swimming pool at the Acquavivas' home and $20,000 for home                  
          improvements.  In 1987, Magnum paid $23,552 for landscaping                 
          services benefiting the Acquavivas' home and, in addition, issued           
          a check in the amount of $4,400 directly to Mr. Acquaviva.                  
          Magnum accounted for these transactions on its books as                     
          reductions in the amount it owed Mr. Acquaviva.  Magnum never               
          declared a dividend during 1986 or 1987.  Respondent determined             
          that these amounts paid on behalf of or directly to Mr. Acquaviva           
          were dividends.                                                             
          C.  Tax Return Preparation                                                  
               Mr. Acquaviva did not discuss tax matters with his wife.               
          She expected him to take care of such matters.  During the years            
          in issue, Mr. Acquaviva or his son Christopher ensured that tax             




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