Janet L. Wiest - Page 15




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          regardless of any technology that might be developed by the R&D             
          contractor; and (9) there was the likelihood of audit by the IRS.           
          Indeed, the discussion concerning the tax risks associated with             
          an investment in San Nicholas constituted half of the section on            
          “Risk Factors”.                                                             
               The offering memorandum also included projections of                   
          revenue, cashflow, and taxable income or loss.  Investors were              
          warned, however, that those projections, which had been prepared            
          for the general partner, had not been audited and that they                 
          should not be relied on to indicate the actual results that might           
          be attained.                                                                
          I.  Petitioner’s 1983 Schedule K-1 and Income Tax Return                    
               Petitioner received a Schedule K-1, Partner’s Share of                 
          Income, Credits, Deductions, etc., from San Nicholas for 1983.              
          The Schedule K-1 reported that petitioner’s distributive share of           
          partnership loss from San Nicholas was $12,354 for that year.               
               Petitioner timely filed a Federal income tax return, Form              
          1040, for 1983.11  Petitioner attached to his return Schedule E,            
          Supplemental Income Schedule, and claimed thereon a loss from San           
          Nicholas in the amount of $12,354.  Petitioner then offset this             
          loss against his other income.  See supra “A”.                              



               11 The return was prepared by Lee R. Jeppson, Jr. (Mr.                 
          Jeppson), a member of an accounting firm in Riverside,                      
          California.  In preparing petitioner’s return, Mr. Jeppson relied           
          on the Schedule K-1 that was provided by petitioner.                        





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