- 13 - that the deductions attributable to Mr. Aude's investment in the transaction would give rise to a substantial understatement. Id. In regard to the meeting, Mr. Gruys could not recall the specifics of the tax discussion, such as whether tax writeoff ratios were discussed or not. At this time, while explaining the investment, Mr. Saranni did not say that the investment was a sham, and Mr. Saranni did not say that the claimed losses would be disallowed if the returns were audited. Furthermore, Mr. Gruys did not tell the Audes that it was a sham investment, nor did he advise the Audes of the audit risk. He merely recommended that the Audes not purchase an interest in Magnum because it was "an inappropriate investment." An examination of the record reveals that Mr. Aude alone executed the investment papers, and he made the required capital contribution payments. Petitioner never saw the investment papers, and was unaware of the amount of money that Mr. Aude invested in Magnum. Further, Mr. Aude did not tell her that the investment would save taxes or that it was a tax shelter. Further, petitioner's lack of knowledge regarding the transaction is corroborated by Mr. Gruys' responses. Mr. Gruys only occasionally talked with petitioner; instead, he generally saw only Mr. Aude. Never reviewing any papers regarding the investment, Mr. Gruys relied on the Schedules K-1 prepared by Magnum in his preparation of the Audes' returns. In advising the Audes, Mr. Gruys did not speak to petitioner regarding thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011