Joseph P. and Mary B. McDonald - Page 9




                                        - 8 -                                         
               Finally, the investor subscription agreement accompanying              
          the private placement memorandum required a subscriber upon                 
          purchase of an interest to aver that:                                       
                    He understands that an investment in the Partnership is           
               speculative and involves a high degree of risk, there is no            
               assurance as to the tax treatment of items of Partnership              
               income, gain, loss, deductions of credit and it may not be             
               possible for him to liquidate his investment in the                    
               Partnership.                                                           
               Mr. Trimboli received commissions for selling interests in             
          the partnership, similar to the commissions he received for                 
          selling other types of investments.  Petitioners were aware that            
          Mr. Trimboli received these commissions, and in fact petitioners            
          never paid Mr. Trimboli a separate fee for his financial planning           
          services.  In addition to the commissions, Mr. Trimboli was                 
          retained by Arid Land to prepare the 1983 tax return for the                
          partnership.  In preparing the partnership’s return, Mr. Trimboli           
          relied on financial information provided by Mr. Cole and on the             
          opinion letter given to Mr. Cole by outside counsel.  The 1983              
          Schedule K-1, Partner’s Share of Income, Credits, Deductions,               
          etc., sent to petitioners as partners in Arid Land reflected                
          their share of the losses claimed by the partnership on the                 
          return prepared by Mr. Trimboli.  Mr. Trimboli’s partner, Mr.               
          Cannito, subsequently prepared petitioners’ joint Federal income            
          tax return for the taxable year 1983, claiming a deduction for a            
          loss arising from the Arid Land investment in the amount of                 
          $34,739, pursuant to the Schedule K-1 received by petitioners.              





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