Kevin R. Johnston - Page 19




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               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, were           






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