Robert James Jaffe - Page 3

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          Swanton cofounded 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 Asher with respect to                   
          respondent’s examination of Wilshire 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             
          respondent’s examination of the Swanton programs, respondent                
          recommended that the Department of Justice (DOJ) criminally                 
          prosecute Mr. Swanton.  During the criminal investigation,                  
          respondent suspended civil activity with respect to the Swanton             
          programs.  Eventually, the period of limitations for criminal               
          prosecution of Mr. Swanton expired.4                                        
               On June 29, 1990, petitioner’s income tax returns were                 
          identified by respondent and placed in “suspense” mode, pending             
          the outcome of the Swanton program litigation.  This was done in            
          accordance with Internal Revenue Service (IRS) procedures                   
          regarding taxpayers involved with a TEFRA partnership under                 
          examination.  On August 14, 1990, respondent issued Wilshire a              

               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 the 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.                          





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