- 12 - The answer lists nine affirmative defenses, most of which follow along the lines of the reasons for denial provided in the denial letter. The lawsuit was eventually settled by agreement of all the parties thereto.7 In the settlement, no party admitted or conceded liability, and no damages were awarded. The western portion of the south building was torn down in 1996. The middle and eastern portions of the south building were not torn down. Petitioner filed his 1994 Federal income tax return (the 1994 return) on April 26, 1996. The 1994 return was due to be filed on October 15, 1995. Petitioner’s accountant, Charles Finder, began preparing the 1994 return sometime in 1995. In November or December 1995, petitioner gave Mr. Finder a document for use in preparing the 1994 return. This document provides brief descriptions of some of the buildings on the Property, and claims that two masonry buildings, exceeding 50 years of age and with a combined value of approximately $154,000, were damaged by the collapse in 1994. It further claims that the value of the damaged buildings after the collapse was zero. Mr. Finder relied on the document in preparing the 1994 return. On Form 4684, Casualties and Thefts, of the 1994 return, petitioner claimed a casualty loss in connection with the collapse. The Form 4684 7 The record does not disclose the date of the settlement.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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