Free Affidavit - District Court of Federal Claims - federal

Case 1:05-cv-00231-EJD
JAMES BOYD

Document 97-20

Filed 07/17/2007

Page 1 of 2

IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO. 05-231-T

JZ BUCKINGHAM INVESTMENTS, LLC, as TAX MATTERS

PARTNERS of JBJZ PARTNERS, a SOUTH CAROLINA GENERAL PARTNERSHIP, Plaintiff,

UNITED STATES OF AMERICA,
Defendant.

VIDEO DEPOSITION OF JAMES BOYD Thursday, June 7, 2007

9 AM to 2 : 3 0 PM
North Charleston. South Carolina

Reported by:

Jane G. LaPorte

HG LITIGATION SERVICES 1-888-656-DEPO

Case 1:05-cv-00231-EJD
JAMES BOYD

Document 97-20

Filed 07/17/2007

Page 2 of 2

40 (Pages 154 to 157)
P a g e 154
it
-

Page 156 :

~0.

aa to how many other

--

what ie it you have learned

--

at sage admln 1077.
n, i.

And that's a R-l

to be called COBRA

--

co~u-~ike rransactiona to
b

with

YOYr

name at the t o . ,
Yes.

Boyd?

have been implemented by Ernst
A.

Young in 1999'

A.

sir.

To be honest. I didn't care.
Yere you ever told?
NO.

Q.

The 90cia1 security nvmber liecad on

0 .
A

there for YOU ie incorrect. isn't it?
A.

And 1 never asked.

Y e s , sir, it is.

0.

Were you

ever told that there was only.

0.

M d if you Lake a l r n k at Lhe n e x t r-1,

limited number of COBRA trmnsactions Chat w e r e
available?

the one for Jerry Zucker, do you have any knowledge

of ~ e r r yzucker.e social security number,
A
it. now.

M R . CROUCH:

Ohleclion; assumes f a c r s n o t

I probably used to. bur I c a n ' t rememher

in evidence.

n.
D you know rherber Chat.a Mr. zuckerls 3

y o u say

a limited number of

CORRA

0.

tran~accioiw in referring to. 0.
Ernat

-

I don't know what you a r e

Social security . l b . %u e?
A.

1 c a n ' t tell you straighrforwardly. no.
DO you recall any discvesion with

The Lranaaction that you ~urchaeed frm

'a.

L young

Xr. zucker in larch of 2000, concerning whether you

Nn.

-cnouc":

abjecrlon.

"ere going to file the lorn 1120s "ith incorrect
Social Security numbera Tor youreelf and IV. Zucker?

a.
number of

--

-re

yon aware that the Sourheaat of

the United States was only allocated a limited

MR. CROUCH:

Objection; assumes facts noc

conm

transactions by zrnet

h

~oung?

in evidence. calls tor speculation.
A. I have to tell you rhar t h a t musf be a
an error t h a t was don*

M R . CROUCII:

Oblecrion; vague and

rmblguou~and a150 assumes taccs not in e v i d e n c e .
Q.

typing error. or

an whoever

were you ever told by sr. Knisbt m a t

made the prewrarion. because I wouldn't do i t .
0.

this w a s a

--

Lher you had a limiced anovnt ot Lime

So, you d0n.t recall any such discussion

vithio which to decide to eirm up for the COB-

Page 155
or any knowledge of the fact that there was an
ineOTrecL Social Securiey o a r ?
A. 1

trBnBaCCion?

2

M R . CROUCK:
h

Vague and amhigunus.
t

I have no knowledge of that.
Turniag to the Wrfnership return, did

3
4
5

The only thing

remember w a s

--

and I
--

0.

chink Mr. Knight asked us. maybe he didn't
were we Qualliled, and were
we

was

--

you ever have aoy discuseion with anyone at m n s t L
YO"".

sophisticated

concerning the manner in which the COBRA

6

investors. or anythlnp like rhar.
8°C

transaction was to be r e w r t e d to the IRS

--

7

I c a n t swear to

IT

that he asked me

MR. CROUCH:

objection; vague.
9
vague

Q.

--

an the Porn 1065?

but I don't know.

MR. CROUCH:

excuse me, objecrlan:
Bur if r talked to

and ambiauous.
A.

11 12
13
id

was an aggressive L-ayer,
vae.
Was IV. Zucker

and you said that he

I don't recall.

anybody. it would have been to M r . Yughes.

in 19

--

in the fall of

0 .

Were you aware that EhY was using a

1999

--

in the market to pucchase n L a x shelter? N R CROUCH:

teaplate porn 1065 for DurDosee of DreDaring the

15
16
17

Objection; vague and

mrtnerehip returns for the COBRA transactions?
b.

ambiguous. calls f o r speculation.
THE WITNESS:
A.
EXCYSe me.

a tenglale? MR. CROUCH:

Objection to farm.

18
19

can i recharnctenie vhac you have just

Q.

A

LemPlaCe.

said?
~ r zucker war v e w .

MR.

CROUCH:

Objection; assumes facts

DOC

20

ailggressive. I didn'i

in evidence.
A.

21
--

mean to infer t h a t he was an aggressive taxoayer. but he was a very assressive investor.
~ n d .y e s . he was a vex-,

I have no

I c a n ' t believe that t h e y

22
23

would have used a template.

aggressive

0.
25
-. \-I.>

Did you ever ask

--

you

or Mr. Zucker i Young

24

investor.

CO Y U Z knowledge,

ever ask anyone ar ernat

.

.,. " M - . e , b m.

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