The Nis Family Trust - Page 35




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            petitioner Hae-Rong, as trustee of the Trusts, appeared before                             
            respondent for the scheduled audit of their (his) return.                                  
            Neither petitioners Hae-Rong or Lucy B. Ni, nor any                                        
            representative on their behalf, appeared before respondent to                              
            comply with summonses issued to such petitioners even though                               
            ordered to do so by the U.S. District Court for the Northern                               
            District of California.  None of the petitioners have provided                             
            records to respondent to substantiate the deductions, losses, and                          
            other items claimed by them on their returns, nor do they have                             
            such records.  Moreover, by the April 25 order, we ordered                                 
            petitioners to produce documents to respondent and answer his                              
            interrogatories.  We have reviewed petitioners’ responses to the                           
            April 25 order, copies of which are attached to the status report                          
            (filed by respondent).  Those responses are inadequate and, we                             
            believe, not made in good faith.  It appears to us that                                    
            petitioners abandoned their return positions before they filed                             
            the petitions in these cases.  We assume that they concluded that                          
            their return positions lacked merit.  See, e.g., Johnston v.                               
            Commissioner, T.C. Memo. 2000-315 (reviewing “long line of                                 
            authority” prohibiting assignment to a trust of income earned                              
            from rendering personal services).  Rather than press positions                            
            in which they appear to have lost confidence, petitioners chose,                           
            instead, to pursue a strategy of noncooperation and delay,                                 








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