-122- Partnership in exchange for a promissory note of $2,000. Exh. 915. (v). FPC Subventure’s Tax Returns During the years at issue, Kanter and Lisle reported their distributive shares of FPC Subventure’s partnership items of income, loss, deduction, and credit.59 Exhs. 125-134 (Kanter); 59 On June 13, 1994, at the start of the trial in these cases, respondent filed an amendment to answer seeking increased deficiencies and additions to tax for fraud. Included in respondent’s amendment to answer were allegations that Lisle was not entitled to deduct losses related to FPC Subventure Partnership because he never made a capital contribution to the partnership (and, thus he was not a partner in the partnership) and/or Lisle was not “at risk” within the meaning of sec. 465. On June 13, 1994, Lisle filed a reply to respondent’s amendment to answer. On July 26, 1994, Lisle filed a motion to strike portions of respondent’s amendment to answer. Specifically, Lisle moved to strike the portion of respondent’s amendment to answer pertaining to FPC Subventure Partnership on the ground the transaction “does not relate to ‘The Five’ in any way.” Lisle further alleged that respondent’s attempt to raise the FPC Subventure Partnership issue amounted to an attempt to use the trial as an ongoing audit. On July 28, 1994, respondent filed an objection to petitioners’ motion to strike and alleged that FPC Subventure Partnership was directly related to The Five as demonstrated by Schaffel’s testimony during the first phase of the trial. On July 28, 1994, the Court heard oral argument regarding Lisle’s motion to strike. Transcr. at 3060-3096. On July 28, 1994, Special Trial Judge Couvillion granted Lisle’s motion to strike insofar as respondent was seeking increased deficiencies attributable to FPC Subventure Partnership. Given that petitioners’ motion to strike was granted, the FPC Subventure Partnership transactions will not increase the amounts of Lisle’s tax liabilities for the years remaining at issue. Nevertheless, our review of the record reveals that FPC Subventure Partnership is highly relevant to respondent’s theory that Kanter, Ballard, and Lisle earned the payments remitted by (continued...)Page: Previous 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 Next
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