In Touch Properties, LLC, David England, Tax Matters Partner - Page 6




                                         -6-                                          
          Longcrier (the consultants).  The Letters were not signed by the            
          consultants.6  The Letters purported to summarize the terms of a            
          consulting/employment arrangement with In Touch, including the              
          amount of compensation and benefits to be paid to the                       
          consultants.  Each Letter contained the following statement:                
          “Payments will be deferred until adequate funding can be                    
          obtained.”7  In Touch provided no other documents to respondent             
          to substantiate the consulting fees claimed as ordinary and                 
          necessary business expenses and/or as startup expenditures.                 
               With respect to marketing expenses, respondent requested               
          receipts and invoices, the business purpose of these expenses,              
          and proof of payment.  The only documentation produced by                   
          In Touch in response to this request was a typed list of expenses           
          without any accompanying receipts or invoices.                              
              With respect to professional fees, respondent requested                
          detailed invoices for professional services rendered, the dates             
          of service, and canceled checks or receipts to prove payment.  In           
          Touch submitted typed summaries of the professional fees that               
          failed to list the date and type of services provided.                      


               6 The record contains no evidence that the Letters were ever           
          delivered to the consultants.                                               
               7 As of the trial date, In Touch had not paid the consulting           
          fees it accrued as deductible expenses and/or startup                       
          expenditures.                                                               





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