- 13 - 1987. The amount of recourse debt which decedent was required to assume totaled $923,630. Decedent met Robert Michaels (Mr. Michaels) in the early 1980's. Mr. Michaels was a certified public accountant, practicing income tax and general accounting since 1969, worked in an accounting firm, and directed staff. Mr. Michaels learned of the partnership from a client, then told decedent about it. Decedent consulted with Mr. Michaels concerning the investment in the partnership. Mr. Michaels reviewed the POM, including the opinion letter; he also was of the opinion that a partner would be at-risk for the amount of partnership debt which a partner was required to assume. Mr. Michaels consulted with decedent's tax counsel, David Weinstein (Mr. Weinstein), about the investment. Based on this consultation with Mr. Weinstein, the opinion letter in the POM, and his own analysis, Mr. Michaels approved the investment, which decedent then made. Mr. Michaels prepared for decedent and Mrs. Bradley joint Federal income tax returns for the taxable years which included the deductions at issue, 1984, 1985, and 1986. Procedural Background Decedent filed Form 1045 (regarding loss carrybacks to previous years) for the taxable year 1985 on or before September 26, 1986, and filed Form 1045 for the 1986 taxable year on or before October 5, 1987. Respondent issued a notice ofPage: 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