Gavin Polone - Page 34

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          Falls Investors, L.P.,16 for 1996, 1997, and 1998.  RA Colline              
          did not receive any information regarding Hofflund Polone from              
          petitioner, and Mr. Harbin provided information only for 1998               
          regarding Bedford Falls Investors, L.P.                                     
               In the November 8 IDR, RA Colline also requested copies of             
          petitioner’s 1997 and 1998 income tax returns.  Mr. Harbin                  
          eventually sent petitioner’s 1998 return after RA Colline advised           
          him that she had obtained copies of petitioner’s 1997 return.               
               During the examination, RA Colline requested an interview              
          with petitioner to gather information about, and petitioner’s               
          explanation of, items on petitioner’s returns that were under               
          examination.  Mr. Harbin absolutely refused to allow petitioner             
          to be interviewed.  Petitioner testified for over 4-1/2 hours               
          during the trial of this case.                                              
          Respondent’s Determination and Denial of Petitioner’s                       
          Refund Claim                                                                
               On or about February 15, 2000, respondent denied                       
          petitioner’s claim for refund for 1996 (relating to the November            
          1996 payment).  The reason for disallowance was that the $1                 
          million payment associated with petitioner’s refund request did             
          not qualify as tax-free income.                                             
               In the notice of deficiency, respondent determined that the            
          May 1996 payment, the May 1997 payment, and the November 1998               


               16  Bedford Falls Investors, L.P., was listed as a                     
          partnership petitioner received income or loss from on Schedule D           
          of his 1996, 1997, and 1998 returns.                                        



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