- 9 - hold title to the property for its beneficial owner under the Fam-Trust; i.e., the decedent. At trial, the estate offered Joseph S. Maniglia’s accountant, Mr. Pino, as a witness. Mr. Pino’s testimony was of little help because of his poor memory. He could not remember: The year he became licensed as a Certified Public Accountant, the year he met the Maniglias and began preparing their returns, or whether he ever knew that Joseph S. Maniglia was or was not a coowner of the property.7 Additionally, Mr. Pino’s admission that his license was suspended “back then” because of a tax evasion conviction brings his credibility into question. Neither the filing of partnership returns in the name of “Family Trust” for taxable years 1978 through 1999 nor the fact that Joseph S. Maniglia performed managerial tasks with respect to the property is sufficient proof that a partnership owned an interest in the property. There is no written partnership agreement. There are no balance sheets showing the partnership assets or formal financial statements indicating the property was owned by a partnership. To the contrary, the trust document, 7 Mr. Pino stated on direct examination that he never received any documents from the Maniglias indicating there was no partnership. He also, however, never received any documents showing that Joseph S. Maniglia jointly owned the property or that a partnership owned the property. The only information Mr. Pino ever received in the process of preparing the Maniglias’ tax returns related to income and expenses.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011