Sklar, Greenstein & Scheer, P.C. - Page 6




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          the remaining 85 percent, and Sklar, Greenstein, and Scheer                 
          received the balance of the settlement proceeds in accordance               
          therewith.5                                                                 
               On its return for 1993, petitioner deducted the $97,274 in             
          litigation costs paid.  Leonard Bailin (Bailin), a certified                
          public accountant who prepared the return, was the accountant for           
          all claimants in the Prudential litigation for many years                   
          including 1993.  Bailin was aware that some of the litigation               
          costs were being paid by the petitioner because the other                   
          claimants lacked funds and was aware that petitioner paid $97,274           
          in 1993.  Bailin neither discussed with petitioner nor advised it           
          regarding the propriety of petitioner's deducting litigation                
          costs, and he merely assumed they were deductible to petitioner.            
          Respondent determined that the litigation costs of $97,274 were             
          not deductible to petitioner, or, in the alternative, that                  
          petitioner could only deduct the share allocable to the plan.               











               5The claimants' attorneys also allocated the balance of                
          incurred but unpaid legal expenses to the claimants based upon              
          their collection percentage and deducted this amount from their             
          respective proceeds.                                                        




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