- 4 - by KBS show petitioner and his two associates as equal one-third shareholders.3 Petitioner actively participated in the management of each of the entities and signed their tax returns. Petitioners' Federal income tax returns for the years at issue were prepared by Edward Leuschner (Leuschner). Leuschner has been a certified public accountant since 1964. Tax return preparation constitutes half of his practice. Leuschner prepared petitioners' returns on the basis of information provided by petitioner, including Schedules K-1 and worksheets prepared by petitioner showing the results of his securities transactions during the year. Petitioner had net losses from his investments in S corporations and partnerships for each of the years at issue. The largest losses for 1987 and 1988 arose from the motel and restaurant businesses reported on the Schedules K-1 issued by KBS and KRS. Leuschner advised petitioner that he had sufficient basis and amount at risk to deduct fully his distributive share of loss from each of the entities for each year. With respect to the losses reported by KBS and KRS in particular, Leuschner 3Whether the tax returns of CIJV, HIJV, and KBS accurately reflect the actual ownership relationships among these entities and petitioner is disputed by the parties. Petitioners contend that the tax returns are inaccurate. Respondent takes the position that this question is subject to resolution in a TEFRA partnership-level proceeding and thus not properly before this Court. There is no dispute, however, that the Schedules K-1 used to prepare petitioners' returns were based on the ownership structures reflected on the entities' returns.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011