- 3 -
the Swanton Corp., a Delaware corporation headquartered in New
York, which promoted the Swanton programs.3
On July 14, 1986, respondent issued a notice of beginning of
administrative proceeding (NBAP) to South Bay with respect to his
examination of Redwood under the audit procedures of the Tax
Equity and Fiscal Responsibility Act of 1982 (TEFRA), Pub. L. 97-
248, secs. 402-407(a), 96 Stat. 648. As a result of the
examination of the Swanton programs, respondent recommended that
the Department of Justice (DOJ) criminally prosecute Mr. Swanton.
During the criminal investigation, respondent suspended civil
action with respect to the Swanton programs. Eventually, the
period of limitations for criminal prosecution of Mr. Swanton
expired.4
On August 1, 1990, respondent issued a notice of final
partnership administrative adjustment (FPAA) to Redwood. On
October 26, 1990, Redwood filed a petition with this Court,
challenging respondent’s determinations in the FPAA.
In May 1991, Moira Sullivan (Ms. Sullivan), an Internal
Revenue Service (IRS) attorney, was assigned to work on the
3 For a more detailed discussion of the Swanton programs,
see Kelley v. Commissioner, T.C. Memo. 1993-495.
4 Respondent’s records of the Swanton programs were
destroyed in the terrorist attack on the World Trade Center on
Sept. 11, 2001. We have accepted uncontradicted testimony from
an Internal Revenue Service (IRS) attorney who worked on the
cases regarding certain details of the events surrounding the
litigation and settlement of the Swanton programs.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011