Gilfred B. and Patricia Swartz - Page 9




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          information provided by Mr. Cole and on the opinion letter given            
          to Mr. Cole by outside counsel.  The 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 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 $12,407.  At the time Mr. Trimboli prepared                       
          petitioners’ return, petitioner was aware that Mr. Trimboli had             
          obtained a tax opinion letter, and petitioner was convinced that            
          there was nothing improper about the tax strategy.                          
               As the result of partnership level proceedings concerning              
          Arid Land Research Partners, this Court ultimately entered a                
          decision disallowing in full the partnership’s claimed ordinary             
          loss of $463,688 for taxable year 1983.  This decision was based            
          upon a stipulation by the partnership and the Commissioner to be            
          bound by the outcome of the case in which this Court rendered our           
          opinion in Utah Jojoba I Research v. Commissioner, T.C. Memo.               
          1998-6.  In that case, we found that the Utah Jojoba I Research             
          partnership (“Utah I”) was not entitled to a section 174(a)                 
          research or experimental expense deduction (or a section 162(a)             
          trade or business expense deduction) because (a) Utah I did not             
          directly or indirectly engage in research or experimentation, and           






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