- 15 - Lake Placid Corporation." However, minutes from meetings on March 18 and June 11, 1988, make it clear that any future plans of a reorganization were abandoned when the board decided to follow the recommendation of Mr. Lotts, FSRC's accountant, and liquidate in order to benefit from the transitional provisions for small corporations in the Tax Reform Act of 1986. Petitioner argues that he did not understand his accountant's advice. Petitioner contends that he first learned that Mr. Lotts had treated the transaction as a liquidation upon receiving his 1988 Federal income tax return for filing. Petitioner blames this mischaracterization of the transaction on a lack of effective communication, Mr. Lotts' "urgency to liquidate", and the fact that Mr. Lotts was unaware of petitioner's intent to reorganize. However, the record reflects that petitioner is a well-educated individual who ran a successful business for many years. There is nothing in the record, other than petitioner's self-serving testimony, to indicate that Mr. Lotts did not follow petitioner's instructions while preparing both his individual and FSRC's corporate returns. Petitioner did not call Mr. Lotts to testify about his tax advice or the circumstances surrounding the preparation of petitioner's individual return or FSRC's corporate return. Moreover, the record reflects that as early as December 19, 1987, Mr. Lotts advised FSRC's board to liquidate, and that on June 11, 1988, petitioner signed forms reporting thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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