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Petitioner retained a certified public accounting firm,
Oliva, Sahmel & Goddard (OSG), to provide tax and accounting
services both for Windsor and for himself. For 2001, OSG
provided tax and financial accounting services to Windsor,
including the preparation of Windsor's Federal income tax return,
and prepared petitioner's individual Federal income tax return.
Windsor employed a part-time bookkeeper/accountant who served as
the main point of contact between OSG and Windsor. Windsor and
petitioner had been clients of OSG for at least 3 years at the
time the 2001 returns were prepared.
Philip Wright was a certified public accountant employed by
OSG since 1999. In March of 2002, Wright prepared Windsor's
audited financial statements for the year ended December 31,
2001. The audited financial statements were signed by the OSG
audit partner, Thomas Goddard, and were prepared for, among other
reasons, compliance with requirements set by the U.S. Department
of Housing and Urban Development for mortgage lenders.
After completion of the audited financial statements, Wright
prepared Windsor's 2001 Form 1120S, U.S. Income Tax Return for an
S Corporation. The Form 1120S was prepared using a tax
accounting computer program that electronically stored the
return, matched debits and credits, and allowed other OSG
personnel to electronically access the return. After Wright
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