Howard J. Kaplan and Brenda L. Kaplan, et al. - Page 30

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          (Mr. Johnston), who was a tax specialist with Ernst & Young in              
          2000 when KQC’s 1999 return was being prepared and who prepared             
          KQC’s 1999 return on the basis of information provided to him by            
          KQC.  Mr. Tutor, inter alia, reviewed KQC’s 1999 return and                 
          satisfied himself that he was able to sign that return as return            
          preparer.                                                                   
               During the course of preparing KQC’s 1999 return, Mr.                  
          Johnston had discussions with Mr. Marceron about KQC’s claimed              
          noncash charitable contribution to TMC.  In those discussions,              
          Mr. Marceron informed Mr. Johnston that KQC had contributed to              
          TMC, a nonprofit organization, a building located on the improved           
          property on Maple Street, which had a cost basis of $95,000 on              
          KQC’s books and an appraised value of $1 million.  Mr. Marceron             
          explained to Mr. Johnston that the value of the building that KQC           
          claimed to have given to TMC had increased to $1 million because            
          TMC made improvements to that building.  In the discussions that            
          Mr. Johnston had with Mr. Marceron about KQC’s claimed noncash              
          charitable contribution to TMC, Mr. Marceron indicated that he              
          believed that claiming a deduction with respect to such claimed             
          charitable contribution would be a “push”; that is to say, Mr.              
          Marceron believed that there was a substantial risk that respon-            
          dent would disallow any such claimed deduction.                             
               Mr. Marceron completed portions, but not all, of Form 8283,            
          Noncash Charitable Contributions (Form 8283), with respect to the           






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