Photo Art Marketing Trust, John P. Wilde, Co-Trustee - Page 2

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               For purposes of respondent’s motion, the parties do not                
          dispute the following factual allegations that are part of the              
          record.  At all relevant times, each petitioner was a trust                 
          organized under the laws of the State of Arizona and was engaged            
          in business in that State.                                                  
               Upon commencement of the examination of each petitioner’s              
          taxable years 1995 and 1996, respondent requested that each                 
          petitioner provide respondent with complete copies of the trust             
          documents relating to each such petitioner as well as other items           
          of substantiation.  Each petitioner refused to provide respondent           
          with the trust documents and other information requested.                   
               At the time respondent issued the notice of deficiency                 
          (notice) to each petitioner, respondent’s address records indi-             
          cated an entity named D & E Sword Co. as the trustee for each               
          petitioner.  Respondent’s address records were not based on any             
          trust documents or other legal documents submitted by each                  
          petitioner that could constitute credible evidence regarding who            
          was/is the trustee of each petitioner.  Instead, respondent’s               
          address records were prepared and updated in accordance with                
          respondent’s procedures and were based solely on correspondence             
          submitted by each petitioner which alleged that D & E Sword Co.             
          was the trustee for each petitioner.                                        

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Last modified: May 25, 2011