Stanley and Jean Cohen - Page 3

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               For several years petitioner was employed as manager of the            
          Wall Street office of Loeb Rhodes & Co., a securities brokerage             
          firm.  Subsequently, he was affiliated with Tyz-All Plastics,               
          Inc., as an employee, officer, director, and shareholder.  His              
          affiliation with this corporation ended in 1986.  Prior to and              
          during the years at issue, petitioner traded securities for his             
          own account.  The parties have stipulated that he did not engage            
          in these securities transactions as a dealer.2                              
               During the years at issue petitioner held an interest in               
          several partnerships and S corporations.  In 1986 he and two                
          other individuals incorporated KRS Restaurant Corp. (KRS) for the           
          purpose of operating a restaurant.  Later that year petitioner              
          and his two associates formed the Carlisle Inn Joint Venture                
          (CIJV) and Harrisburg Inn Joint Venture (HIJV) to operate two               
          motels.  Acquisition of the motel and restaurant businesses was             
          financed in part by loans that petitioner and his associates                
          guaranteed.  The Forms 1065 filed by CIJV and HIJV reflect that a           
          50-percent interest in each joint venture was owned by an S                 
          corporation called KBS Motel Corp. (KBS).  The Forms 1120S filed            


               2The record contains additional facts concerning                       
          petitioner's background and trading activity that may be relevant           
          to the reasonableness of petitioner's reliance on his                       
          accountant's substantive tax advice for purposes of sec. 6653(a)            
          and to the existence of reasonable cause for a waiver under sec.            
          6661.  In view of our disposition of both of these issues,                  
          however, further details would be superfluous, and we have                  
          therefore omitted them.                                                     




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