- 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011