Thomas E. Johnston and Thomas E. Johnston, Successor in Interest to Shirley L. Johnston, Deceased, et al. - Page 19




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               Moreover, petitioners elsewhere in the opposition state:               
          “Thomas O’Keefe, Esq., a certified tax specialist, represented              
          the Petitioner as tax counsel rendering tax advice over a period            
          of many years, and in particular in 1989, the period during which           
          events occurred that are raised in Respondent’s Motion in Limine            
          herein.”  To similar effect, petitioners remark that “Thomas                
          O’Keefe, Esq., a certified tax specialist, had been a long time             
          attorney for Mr. Johnston and entities owned and controlled by              
          him”, and at yet another location characterize Mr. O’Keefe as               
          “long time tax counsel of Petitioner, Mr. Johnston”.                        
          Additionally, the bill from Mr. O’Keefe to Shorecliffs and Mr.              
          Johnston for legal fees incurred in June of 1989 contains the               
          following description dated “06/28/89”:                                     
               Meeting with Tom Johnston, Darrell Spence and Frank                    
               Nish re Shorecliffs; Review of sale transaction;                       
               Prepared demand on escrow and notice and                               
               acknowledgement [sic] regarding earth subsidence issues                
               to Buyer; Tax research and strategy planning regarding                 
               basis, installment deal, sub-s and Exchange issues.                    
               There is also the fact that income from the Shorecliffs sale           
          was reported on neither the original nor the amended 1989 return.           
          Hence, to the extent that reliance on expert advice can excuse              
          the alleged fraudulent failure to report this transaction, such             
          reliance was not only or in the first instance on the accountant            
          aiding in preparation of the amended return.  We are satisfied              









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