Joseph D. & Elizabeth M. Dunne - Page 11

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          Treatment or Administrative Adjustment Request, to their 1997               
          return stating that they were not reporting the income or losses            
          listed on the Schedule K-1 from FRC.  They explained that Mr.               
          Dunne filed a shareholder complaint regarding several issues:               
          (1) That Mr. Dunne was a 50-percent shareholder of FRC but was              
          frozen out of dividend distributions in 1997; (2) that FRC did              
          not provide Mr. Dunne with certain information; (3) that Mr.                
          Dunne was disengaged from FRC’s books, records, and resolutions;            
          and (4) that FRC may have made an unequal distribution of income            
          earned in 1997 that could require a revocation of its S                     
          corporation status.                                                         
               On September 17, 1999, FRC filed a Form 1120S for 1998 and             
          attached Schedules K-1 for Mr. Dunne and Mr. Marcus.  The                   
          Schedules K-1 reported that Mr. Dunne owned 23.69863 percent of             
          the stock and Mr. Marcus owned the rest.  In computing the                  
          ownership percentages shown on the 1998 Schedules K-1, FRC’s                
          accountants assumed that Mr. Dunne and Mr. Marcus each owned 50             
          percent of FRC’s stock until June 22, 1998, and that Mr. Marcus             
          became the sole shareholder after that date.  FRC reported a net            
          loss in 1998.                                                               
               FRC sent Mr. Dunne a Schedule K-1 for 1998 identical to the            
          Schedule K-1 that it submitted to respondent.  In response to               
          receiving his Schedule K-1 for 1998, on September 22, 1999, Mr.             
          Dunne faxed a letter to FRC’s accountants stating that the                  

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