Lucian T. Baldwin, III - Page 61




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          that his deductions were claimed in good faith and pursuant to              
          his reasonable reliance upon his professional tax adviser, Mr.              
          DiMaggio, and his lawyers.                                                  
               Although petitioner places the blame for erroneous reporting           
          positions on both his accountant and his attorney, petitioner               
          directs most of the blame to his accountant, Mr. DiMaggio.                  
          Petitioner claims, among other things, that it was Mr. DiMaggio             
          who decided to treat LFI and BAC as businesses under section 162,           
          who decided that LFI and BAC met the material participation                 
          requirements of section 469, and who decided to treat BAC as an S           
          corporation for Federal tax purposes.  Petitioner also claims               
          that he reasonably relied upon his accountant for all decisions             
          regarding the proper tax treatment of LFI and BAC.                          
               Mr. DiMaggio testified extensively at the trial in this                
          case.  Although Mr. DiMaggio admitted that he consulted with                
          petitioner concerning LFI and BAC, at no point during his                   
          testimony did Mr. DiMaggio admit that he was responsible for the            
          reporting positions taken on petitioner’s returns with respect to           
          LFI and BAC.  Mr. DiMaggio’s testimony only reinforces the                  
          impression left by the record as a whole that he did not have               
          accurate information regarding the use of Granot Loma and the               
          aircraft and that petitioner intended from the time he purchased            
          Granot Loma and the aircraft to claim they were business assets             
          used in a business activity.  For example, although Mr. DiMaggio            
          never visited Granot Loma during the years at issue, Mr. DiMaggio           





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