The Nis Family Trust - Page 28




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            protester arguments that demand no respect from the courts.                                
            Petitioners have failed to make any legitimate challenge to the                            
            deficiencies determined by respondent.  They have not assigned                             
            any error that could possibly influence us to redetermine the                              
            deficiencies determined by respondent.                                                     
                  C.  Conclusion                                                                       
                  In the petitions, petitioners have failed to address any of                          
            the adjustments made in the notices of deficiency.  We,                                    
            therefore, consider petitioners to have conceded those                                     
            adjustments.  See Rule 34(b)(4).  They have made no other                                  
            argument of which we take cognizance.  We shall grant the motions                          
            for judgment on the pleadings.5                                                            
            II.  Motions For Partial Summary Judgment                                                  
                  A.  Introduction                                                                     
                        1.  Background                                                                 
                  The motions for partial summary judgment ask for partial                             
            summary adjudications as to the section 6662(a) penalties.  Those                          
            motions were made following respondent’s amendments to the                                 

                  5  Under various of the theories underlying respondent’s                             
            adjustments with respect to petitioners Hae-Rong and Lucy B. Ni                            
            (e.g., the income of the Trusts is taxed to Hae-Rong and Lucy B.                           
            Ni because the Trusts are shams with no economic substance), the                           
            Trusts would owe no income tax and there could be no deficiency                            
            in tax.  Respondent has, nevertheless, with respect to the                                 
            Trusts, determined deficiencies in tax.  We recognize that                                 
            respondent may issue inconsistent notices in order to protect his                          
            interests.  We will delay entering decisions in these cases until                          
            the parties have had the opportunity to advise us how we should                            
            deal with any inconsistencies.                                                             





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