- 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’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011