- 19 - 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 satisfiedPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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