- 4 - (4) Should the Court impose on petitioners a penalty under section 6673(a)(1)? We hold that we should, and we shall impose such a penalty in the amount of $2,000. Respondent’s Motion To Impose Sanctions On October 13, 2000, we issued an Order (October 13, 2000 Order) granting in part and denying in part respondent’s motion to compel production of documents (respondent’s motion to com- pel).3 In that Order, we directed petitioners to produce to counsel for respondent on or before October 19, 2000, those documents requested in respondent’s request for production of documents (the requested trust4 documents), which we considered to be documents of Sandbar Wholesale Trust and/or Sandbar Real Estate Trust.5 (We shall refer collectively to Sandbar Wholesale 3In a separate Order issued on Oct. 13, 2000, we denied respondent’s motion to compel answers to respondent’s interroga- tories. That was because respondent had conceded, and we agreed, that petitioners’ reliance on the Fifth Amendment to the Consti- tution (Fifth Amendment) in support of their refusal to answer those interrogatories was warranted, since respondent was contem- plating or anticipating the possibility of a future criminal investigation of petitioners. 4When referring in this Opinion to Sandbar Wholesale Trust and/or Sandbar Real Estate Trust, our use of the words “trust”, “trusts”, “trustees”, “general managers”, “certificates of beneficial interest”, “capital unit certificates”, and similar terms is for convenience only and is not intended to convey any meaning or have any significance for Federal income tax purposes. 5In the October 13, 2000 Order, we sustained petitioners’ Fifth Amendment claim and denied respondent’s motion to compel insofar as that motion pertained to those documents requested in respondent’s request for production of documents, which we did (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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