Photo Art Marketing Trust, Jimmy C. Chisum, Trustee - Page 2




                                        - 2 -                                         

                                     Background                                       
               For purposes of respondent’s motion and petitioners’ 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.  Each petitioner filed a             
          Federal income tax return (return) for 1994, which was signed by            
          Jimmy C. Chisum as agent for the trustee.  Neither of those                 
          returns contained the name of the trustee or any information that           
          enabled respondent to determine who the trustee of each peti-               
          tioner was at the time each such return was filed.                          
               Upon commencement of the examination of the 1994 return                
          filed by each petitioner, respondent requested that each peti-              
          tioner 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               





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011