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KELTER v. HARTSTEIN

No. G042753.

RICHARD KELTER et al., Plaintiffs and Appellants, v. KENNETH R. HARTSTEIN et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division Three.

Filed June 28, 2011.

Attorney(s) appearing for the Case

Crandall, Wade & Lowe, James L. Crandall , Edwin B. Brown , and Janet G. Harris for Plaintiffs and Appellants Richard Kelter and Rio Vista West, LLC.

Lewis Brisbois Bisgaard & Smith, Peter L. Garchie , Lisa W. Cooney , Ryan P. Garchie ; Pietragallo Gordon Alfano Bosick & Raspanti, and Robert D'Anniballe, Jr. , for Defendants and Respondents Kenneth R. Hartstein, Brian D. Hartstein, Economic Concepts, Inc., and ECI Pension Planners, LLC.

McDermott Will & Emery, Tyler J. Woods , Douglas E. Whitney , and John A. Litwinski for Defendants and Respondents Richard C. Smith and Bryan Cave, LLP.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

OPINION

ARONSON, J.

Plaintiffs Richard Kelter and Rio Vista West, LLC (collectively, Kelter) established a pension plan designed to claim income tax deductions for the contributions he paid into the plan. The Internal Revenue Service (IRS) later audited the plan, found it constituted an illegal tax shelter not entitled to income tax benefits, and notified Kelter he owed back taxes, penalties, and interest...

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