Stanley and Jean Cohen - Page 4

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          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.                              




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