Estate of Marie A. Maniglia, Deceased, Joseph S., Maniglia, Executor - Page 9

                                        - 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