Donald A. Robins - Page 10

                                       - 10 -                                         
          receive any other compensation for the sale of interests in the             
          partnership.                                                                
               Petralia also was a limited partner in Mount Mercy.  As a              
          limited partner, Petralia had an interest in seeing that the                
          partnership would be fully subscribed.  According to Petralia,              
          one of the special limited partners could have brought in enough            
          New York City area investors to fully subscribe the partnership.            
          Petralia had to fight to get available units for the Rochester              
          investors he would be bringing into the partnership.                        
               Petralia discussed the Mount Mercy partnership with                    
          petitioner and other investors.  Petralia did not offer any                 
          significant opinion on the validity of the contemplated                     
          charitable contribution deductions beyond what was stated in the            
          Memorandum.  Petitioner was aware of Petralia's relationship with           
          Mount Mercy at the time of these discussions.  Petralia did not             
          charge petitioner for legal or tax advice pertaining to his                 
          discussions regarding Mount Mercy, because according to Petralia,           
          that would have constituted a conflict of interest with his work            
          for Mount Mercy.                                                            
               Petralia stated he had done legal work for petitioner and              
          his partner.  The parties stipulated that Petralia was outside              
          counsel for petitioner's business, Flexseal Packaging, providing            
          a wide range of legal services to the business and its principals           
          since 1980.                                                                 
               It is obvious from the above that Petralia considered                  




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011