- 19 - In Clapp v. Commissioner, supra, the individual taxpayers transferred their businesses to foreign trusts. The Commissioner issued notices to both the individuals and the trusts; the notices attributed many of the same items of income to both parties. The notices also disallowed numerous deductions as unsubstantiated, including all business expenses claimed by the individuals and the trusts. The taxpayers in Clapp challenged the validity of the notices, stressing the Commissioner’s alternative positions and the blanket disallowance of deductions. In response, the Court of Appeals for the Ninth Circuit observed that the Commissioner’s alternative notices were intended to ensure that the Commissioner would be able to proceed whether or not the trusts were found to be shams. The Court of Appeals stated that taking such alternative positions: seems to be a reasonable response to a tax evasion scheme for which there is not as yet a settled legal interpretation. Any other approach would reward the tax evader who could come up with a novel scheme and force the Commissioner to take a single, consistent legal interpretation. * * * On previous occasions we have upheld notices of deficiency which took alternative positions for precisely this reason. Malat v. Commissioner, 302 F.2d 700, 704 (9th Cir. 1962); Revell, Inc. v. Riddell, 273 F.2d 649, 660 (9th Cir. 1960). [Clapp v. Commissioner, supra at 1401; fn. ref. omitted.] The statutory notices sent to petitioner, Ms. Ghavami, and Universal, like the notices in Clapp v. Commissioner, supra, werePage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011