Leon S. Malachinski - Page 4




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          attorneys, Anthony G. Scariano and Justino D. Petrarca, and a               
          certified public accountant, Michael J. Moxley.                             
               Petitioner and Wynne continued to practice medicine together           
          until they were divorced in March of 1984.                                  
               On March 27, 1984, petitioner filed a separate tax return              
          for his taxable year 1982.  The next month, acting on advice from           
          one of his advisers, petitioner sent to the IRS a $20,400                   
          remittance with respect to his and Wynne’s Federal income tax               
          account for 1980.  The IRS prepared a voucher, with a handwritten           
          entry reflecting this amount as a “cash bond”.  A section of the            
          voucher was also checked, indicating that the amount was an                 
          “Advance payment on deficiency”.  The voucher did not have a                
          separate section for indicating that the remittance was in the              
          nature of a cash bond or a deposit.                                         
               Petitioner’s representative, Mr. Mack, met with respondent’s           
          agent Neubauer on June 29, 1984, to discuss issues relating to              
          petitioner’s taxes.  On July 24, 1985, respondent issued an                 
          examination report to petitioner and to Wynne for their 1980 tax            
          year, indicating, inter alia, that they had a deficiency in                 
          income tax of $91,086.                                                      
               On August 20, 1985, petitioner executed his third power of             
          attorney, this time naming Glenn Aquino, a certified public                 
          accountant with the accounting firm Coopers & Lybrand.  On the              
          same date, Mr. Aquino filed a protest with respondent on behalf             





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