- 6 - liability was calculated using the information from petitioner’s Schedule K-1. In July 1989, petitioner filed his P.C.'s Federal income tax return for the fiscal year ended October 31, 1988. This return was also prepared by Mr. Fettkether. It did not include any gain from the sale of the ranch or income from the partnership. In October 1989, petitioner filed an amended corporate income tax return for the P.C. The amended return was prepared by a different return preparer, John Henss. It contained the following statement: Reason for Amended Return. On August 1, 1988 it was the intent of Michael C. Hollen to transfer to Michael C. Hollen, D.D.S., P.C. certain investment assets including an interest in Bluebird Ranch, a partnership. That partnership equity was in a deficit position. It was the intent of the parties that Michael C. Hollen would issue his note payable to Michael C. Hollen, D.D.S., P.C. in an amount equal to the deficit in Bluebird Ranch which was assumed by Michael C. Hollen, D.D.S., P.C. over the value of the other assets assumed by Michael C. Hollen, D.D.S., P.C. Due to a scrivener error the assumption of the Bluebird Ranch deficit was not recorded in the corporate records. Upon detection of said scrivener error the verbal agreement was confirmed and made a matter of record.[5] 5At trial, petitioner testified that he took steps to protect petitioners’ personal assets in the event that Mr. and Mrs. Lentz foreclosed on the note and obtained a judgment against petitioners. Specifically, petitioner claimed that, in August 1988, petitioners transferred most of their personal assets to his P.C. in connection with the establishment of an Employee Stock Ownership Plan (ESOP). Although petitioner testified that (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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