Ramon A. Garcia and Bertha E. Garcia - Page 34

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                  Q         Was it your understanding that he would                   
                       tell you when the notes should be repaid                       
                       under the tax law?                                             
                  A         Well, I was counting on his advice.                       
                  Q         * * * What was your understanding with                    
                       regard to those quarterly payments?                            
                  A         I didn't have any knowledge or                            
                       understanding of that.  I was just relying                     
                       on the advice of my CPA.                                       
                  Q         And, in fact, was that the course of                      
                       action you followed throughout 1987, '87,                      
                       [sic] '88, '89 and until the present?                          
                  A         That's correct.                                           

                  On cross-examination, petitioner admits that he never               
             received any specific advice regarding the taxability of                 
             the loans.  Petitioner testified as follows:                             

                  Q         Mr. Garcia, I -- we would just like to know               
                       what your position was, whether you felt that you              
                       were supposed to pay tax on distributions from                 
                       those loans you took in 1986 when you signed your              
                       return.                                                        
                  A         I really don't know because, again, I was                 
                       just counting on the advice of my CPA.                         
















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