Jerry and Patricia A. Dixon, et al - Page 131




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               allowable deduction, it is further determined that such                
               interest constitutes interest in investment                            
               indebtedness and deduction of such amounts is limited                  
               under the provisions of I.R.C. 163(d).                                 
                    Further, and in support of a portion of the                       
               determined deficiency, if you establish that you are                   
               entitled to the above-mentioned interest deduction, it                 
               is determined that you improperly failed to report the                 
               income resulting from the same transaction.                            
               2. It is determined that part of the underpayment of                   
               tax for the taxable year ____ is due to your negligent                 
               of [sic] intentional disregard of the rules and                        
               regulations.  Consequently, the 5 percent addition to                  
               the tax is charged for ____ as provided by Section                     
               6653(a) of the Internal Revenue Code.                                  
          B.   Thompson Notices of Deficiency                                         
               John R. Thompson (Mr. Thompson) was a pilot with Continental           
          Airlines from 1946 until his retirement in October 1982.                    
          Mr. Thompson became aware of Mr. Kersting's programs through a              
          conversation with another pilot, Michael Provan (Mr. Provan), who           
          had solicited other pilots to participate in Mr. Kersting's                 
          programs.11  The Thompsons began participating in Mr. Kersting's            
          programs in 1977.12  In addition to their participation in                  


          11  Mr. Provan, who was at one time the president of one of                 
          the Kersting companies, eventually became an adversary of                   
          Mr. Kersting.  See infra p. 66.                                             
          12  Although the Thompsons participated in one of                           
          Mr. Kersting's programs during 1977, the Thompsons did not                  
          claim any Kersting-related interest deductions on their 1977                
          return because their accountant-return preparer refused to                  
          include them on the return.                                                 
          The record suggests that the Thompsons' 1978 tax return                     
          was prepared by Phil Scheff (an accountant recommended by                   
          Mr. Kersting) and that the Thompsons claimed Kersting program               
          interest deductions on their return for that year.  The Thompsons           
          experienced audit problems with their 1978 tax return that were             
                                                             (continued...)           

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