- 22 - Granot Loma and the aircraft. Specifically, Mr. DiMaggio estimated that 90 percent of the amounts billed in 1990 and 75 percent in 1991 and 1992 by LFI and BAC were attributable to petitioner’s personal use of Granot Loma and the aircraft. The Audit and Notices of Deficiency In April 1990, Mr. DiMaggio was first contacted about the audit of petitioners’ returns. In September 1990, Jean Witek, the revenue agent assigned to audit petitioners’ returns, sent the initial audit letter to petitioners. In 1991, during the pendency of petitioners’ divorce case, counsel for Mr. and Mrs. Baldwin argued in court about which party owned BAC (the ownership dispute). Mr. DiMaggio claimed that Ms. Witek observed these arguments and subsequently referred to the ownership dispute in conversations with him.11 The audit eventually was completed without any change to BAC’s S corporation status. During the appeals process, Mr. DiMaggio never mentioned the ownership dispute, nor did he raise any issues concerning the validity of BAC’s S election with any of respondent’s Appeals officers or other agents. The protest documents filed by Mr. DiMaggio represented, indirectly, that BAC was a valid S corporation; i.e., he maintained that petitioners were entitled to deduct BAC’s passthrough losses. 11According to Mr. DiMaggio, he and Ms. Witek agreed to defer consideration of the ownership dispute until the end of the audit. Unfortunately, Ms. Witek was unable to complete the audit because of illness.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011