Barry B. Bealor and Nancy L. Bealor, et al. - Page 144

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          Churchill's attention.                                                      
               Bruce did not explain to Churchill the significance of being           
          a general partner in the MIT partnerships.  Churchill knew of no            
          partnership meetings, nor was he consulted on partnership                   
          operations.  He did not know the other partners.  He did not                
          understand the accounting mechanisms of the partnerships, but he            
          relied upon Bruce.  Asked specifically about his participation in           
          MIT 82, Churchill did not recall being consulted before                     
          termination of that partnership’s employee leasing agreement.               
               Before trial in these cases, Fred informed the investors in            
          writing that the trial was in the offing.  A typical letter from            
          Fred to an investor advises--                                               
                    If you are called as a witness, Steve Jozwiak will                
               prepare you for trial.  In general, he will tell you to                
               tell the truth and try not to become confused.                         
                    Steve will expect you to testify to the true facts                
               that you knew that you were at risk for $137,500.00 and                
               that you expected to earn 13% on your investment which                 
               would be more than enough to pay your note.  In                        
               addition you had the protection of your tax savings but                
               you knew that you would have to pay taxes on the income                
               that you would be reporting over the 10 year period.                   
               Steve will also expect you to testify that you expected                
               Bryen & Bryen P.A. to manage your investment and MIT 82                
               and to take care of all of the details without                         
               consulting you.                                                        
                                       OPINION                                        
               Three aspects of the employee leasing programs structured by           
          Fred Bryen are in issue in these consolidated test cases.                   
          Respondent’s first set of determinations denies, for the years              
          1980 and 1982, to the partners, and in subsequent years (1983,              




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