Lance A. Landers - Page 6

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               Moreover, the Retainer Statements, signed by Mr. Tolpin, and           
          filed with the Office of Court Administration in New York, New              
          York, for each client, list petitioner as the attorney referring            
          the client.  The Retainer Statement for the property damage                 
          client states that petitioner is entitled to one-third of the               
          attorney’s fees.  The Retainer Statement for the personal injury            
          client is silent as to petitioner’s fee.  We note that although             
          petitioner claims that he received one-third of the legal fees              
          recovered for each client, the Closing Statements reflect that              
          petitioner actually received approximately one-half of the legal            
          fees recovered.                                                             
               Petitioner reported the $35,789 received from Mr. Tolpin on            
          his Schedule D as a long-term capital gain.  Petitioner listed              
          the date acquired as February 1, 1997, and the date sold as                 
          September 1, 1998.  These dates do not comport with the evidence            
          in the record.  For example, for the property damage client, the            
          Retainer Statement signed by petitioner on January 20, 1998,                
          lists the date of damage as July 24, 1995, and the date of                  
          agreement as to retainer as August 10, 1995.  The Retainer                  
          Agreement signed by Mr. Tolpin on February 13, 1998, lists the              
          date of agreement as to retainer as June 20, 1997.  The Closing             
          Statement, signed by Mr. Tolpin on November 12, 1998, indicates             
          that the property damage claim was settled on November 2, 1998.             
          Similar discrepancies are in the documents relating to the                  

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