Gilfred B. and Patricia Swartz - Page 8




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          general caveats and disclaimers along with the opinion that “it             
          is more likely than not that a partner of Arid Land Research                
          Partners, a Limited Partnership will prevail on the merits of               
          each material tax issue presented herein.”  However, the                    
          conclusions regarding the issue of the section 174 deduction in             
          particular were vague and nonconclusive in nature.                          
               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.                                                           
               In December 1983, petitioners purchased five units in Arid             
          Land through Mr. Trimboli for a total of $5,500 in cash and a               
          promissory note of $8,250.  Petitioner was aware that Mr.                   
          Trimboli received a commission for his sale of the interests in             
          Arid Land, but he did not know of any other relationship which he           
          had with the partnership or its principals.                                 
               The commissions Mr. Trimboli received for selling interests            
          in the partnership were similar to the commissions he received              
          for selling other types of investments.  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                      





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