Edward A. Wagner - Page 4

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          cost of a movie for the purpose of computing losses for 1976 and            
          later years.                                                                
               Petitioner was the business and transactional lawyer for               
          some of the partnerships, but respondent now concedes that he did           
          not receive any of the skim money resulting from the inflated               
          prices.  In this respect, his position differs from that of his             
          three coconspirators, who conceded the receipt of unreported                
          income from skim money, and fraud additions, for some of their              
          taxable years.                                                              
               On November 8, 1982, following a 12-week jury trial in the             
          U.S. District Court for the Southern District of New York, in               
          which the defendants were petitioner and his three                          
          coconspirators, petitioner was convicted of (1) one count of                
          conspiracy to defraud the United States in violation of 18 U.S.C.           
          sec. 371 (1994); (2) thirteen counts of mail fraud in violation             
          of 18 U.S.C. sec. 1341 (1994); (3) twenty-nine counts of aiding             
          and assisting in the preparation of false tax returns in                    
          violation of section 7206(2); and (4) one count of knowingly                
          making and subscribing a false and fraudulent personal income tax           
          return in violation of section 7206(1).2  The indictment alleged,           

               2The charges were summarized by the court that confirmed               
          petitioner's disbarment as a New York attorney.  In re Wagner,              
          485 N.Y.S.2d 278 (N.Y. App. Div. 1985).  That court also made               
          reference to the criminal proceeding, United States v. Glantz, 82           
          Cr. 162 (S.D.N.Y.), in the subsequent securities case, Zola v.              
          Gordon, No. 86 Civ. 4790, 1993 WL 247821 (S.D.N.Y., June 30,                

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