Joseph J. and Eileen H. Lipari - Page 2




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          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.                                         





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