Edward A. Wagner - Page 5

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          with respect to the last count under which petitioner was                   
          convicted, that, for purposes of section 7206(1), petitioner                
          "unlawfully, wilfully and knowingly" made and subscribed his 1975           
          joint income tax return (Form 1040), which contained and was                
          verified by a written declaration that it was made under penalty            
          of perjury, and which he did not believe to be true and correct             
          as to material matters, to wit, loss and investment tax credit on           
          account of an investment in the Caldwell film development                   
          partnership, and income received from Cinepix Establishment.                
               Petitioner claims that the testimony at the criminal trial             
          (only some of which is available to us) indicates that he was an            
          investor in Caldwell who sublet an office to Murray Glantz, one             
          of the coconspirators, who was the lawyer for Caldwell and who              
          controlled the dummy general partner.  Petitioner goes on to                
          claim that Glantz did virtually everything connected with                   
          Caldwell and Cinepix, that there was no evidence that petitioner            
          had anything at all to do with the transaction between the                  
          sellers and Cinepix, that petitioner had trouble obtaining                  
          Caldwell partnership documents from Glantz, that petitioner                 
          assisted in the sale of Caldwell interests but was not aware of             
          the inflated purchase price, that petitioner was interested in              
          Caldwell for its profit potential and sold it on that basis to              

          1993) (earlier decisions in Zola v. Gordon, 701 F. Supp. 67                 
          (S.D.N.Y. 1988), and 685 F. Supp. 354 (S.D.N.Y. 1988)).                     

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