Jeffrey and Karen Winter - Page 3




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          according to generally accepted accounting principles to provide            
          adequate, detailed information to the buyer and were to include             
          applicable tax returns.  During escrow, Mr. Meglin provided                 
          petitioners with income and expenses statements for the Truckee             
          Hotel for 1988, 1989, and 1990.  He also provided MHP’s                     
          partnership returns for 1988 and 1989 but not for 1990 because              
          that return had not yet been filed.  Petitioners did not hire an            
          appraiser to look at the property or anyone who was familiar with           
          the hotel industry to look at the books of the hotel during this            
          time.                                                                       
               Petitioners noticed that there were inconsistencies between            
          the financial information contained in the advertising brochure             
          and the financial information provided by Mr. Meglin during                 
          escrow.  For example, the advertising brochure overstated the               
          1988 and 1989 net income.  Additionally, although the income and            
          expense statements provided included no repair expenses, MHP had            
          claimed expenses for repairs on its partnership tax returns.                
          After corresponding with Mr. Meglin concerning the                          
          inconsistencies, petitioners ultimately proceeded with the                  
          purchase on the terms previously agreed to by the parties.  The             
          sale of the Truckee Hotel to petitioners closed on April 4, 1991.           
          Petitioners paid a portion of the purchase price in cash and                
          executed a promissory note for the balance of $870,000.                     








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