In Touch Properties, LLC, David England, Tax Matters Partner - Page 7




                                         -7-                                          
               On March 7, 2005, respondent sent petitioner an FPAA                   
          determining adjustments to the above expenses.  In the FPAA,                
          respondent determined that In Touch had overstated its deductions           
          for consulting fees, marketing expenses, professional fees, and             
          amortization.8  Respondent also determined that the at-risk                 
          amounts of In Touch’s members must be reduced and that the                  
          capital contributed by In Touch’s members as of December 31,                
          2000, was $50,000.                                                          
          Tax Court Litigation                                                        
               On May 27, 2005, petitioner filed his petition for                     
          readjustment of partnership items.  A trial was held in Oklahoma            
          City, Oklahoma, on March 9, 2006.                                           
          Petitioner, who was a member of In Touch during 2000, was                   
          the only witness who testified at trial on In Touch’s behalf.               
          Petitioner, over respondent’s objection, attempted to introduce             
          copies of seven promissory notes, each dated December 31, 2000.9            
          The promissory notes were as follows:                                       



               8 Respondent allowed In Touch’s startup costs of $11,408,              
          consisting of meals and entertainment of $277, bank charges of              
          $20, printing costs of $111, and rent of $11,000.  Respondent               
          recomputed In Touch’s allowable amortization expense deduction              
          for 2000 ($11,408 x 7/60 = $1,331).                                         
               9 Petitioner also introduced a promissory note (Exh. 17-P)             
          that he had executed in favor of In Touch.  Respondent did not              
          object to this exhibit.                                                     





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