- 2 - for lack of prosecution. The sole matter for decision is respondent’s motion for imposition of a section 6673 penalty. Background At the time the petition was filed, Joseph J. Lipari and Eileen H. Lipari resided in Cottonwood, Arizona. Petitioners have admitted that, during 1993, Mr. Lipari performed services as a chiropractor. Nonetheless, petitioners failed to report a large percentage of the income from such activity on their 1993 income tax return. Petitioners claimed that such income was earned by and taxable to an entity called D.D. Trust (the Trust).2 Respondent determined that the income reported by the Trust is properly taxable to Mr. Lipari individually on the grounds that the Trust is a sham (i.e., lacks economic substance) that should be disregarded for tax purposes. Respondent alleged alternatively that, if the Trust were respected for tax purposes, the Trust constitutes a grantor trust whose income is taxable to petitioners. Discovery for October 1998 Trial This case was originally calendared for the Court’s trial session in Phoenix, Arizona on October 19, 1998. In preparation for trial and as required by Rule 70(a), respondent first 2 Although petitioners alleged that they enjoyed no interest in property which was transferred to the Trust, petitioners admitted to receiving a life tenancy to all property owned by the Trust and further to having use of the real and personal property owned by the Trust.Page: Previous 1 2 3 4 5 6 7 8 Next
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