Fawzi and Dolores Tay Tay Assaad - Page 8

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          tax return.10  Mr. Lopez testified that whatever records relating           
          to petitioners that were in Mr. Hunt’s office were left there               
          following his death.  He also testified that Mr. Assaad’s records           
          were returned to him as far as he knew and that he does not                 
          withhold records in his practice “Even if they don’t pay you.”              
          Mr. Lopez also represented petitioners in the audit of their 1992           
          tax return.  He testified that he experienced difficulty                    
          assembling petitioners’ records for substantiation of expenses              
          and other costs, including interest, in part because of Mr.                 
          Hunt’s death and in part because of Mr. Assaad’s lack of                    
          cooperation.                                                                
               In 1993, petitioners purchased, and began to rent out,                 
          property known as St. Rose Manor.  Petitioners overstated                   
          depreciation deductions with respect to St. Rose Manor by at                
          least $148,747 for 1993, $324,033 for 1994, $324,033 for 1995,              
          and $324,033 for 1996, a total of $1,120,846 over the 4-year                
          period.  Petitioners’ overstatement of the depreciation                     
          deductions in 1993, 1994, 1995, and 1996, when corrected, reduces           
          the amount of the NOL carryforward available for 1996 and 1997.             


               10Mr. Hunt continued to work with Mr. Lopez, and he handled            
          all the clients he previously serviced.  Mr. Lopez testified that           
          he thought Mr. Hunt was handling petitioners’ returns when he               
          died, but he could not be certain.  Mr. Lopez signed petitioners’           
          return for the 1992 taxable year; however, he was unsure whether            
          he or Mr. Hunt prepared that return.  Mr. Hunt and Mr. Lopez did            
          not prepare any of petitioners’ returns for years after the 1992            
          taxable year.                                                               





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