- 3 - After concessions,3 the only issues4 for decision are: 1) Whether the Castro Family Trust (CFT) and the Castro & Co. Jewelers Trust (CCJT) (collectively referred to as the trusts) should be disregarded for Federal income tax purposes; 2) whether the income and expenses of the jewelry business allegedly owned by the CCJT and operated by Kevin D. Castro during the years at issue must be reported by Kevin D. Castro and Margarita C. Castro (collectively referred to as the Castros); 3Respondent conceded that, if we hold the trusts are invalid for Federal income tax purposes, the trusts are not liable for the income tax on income properly chargeable to Kevin D. and Margarita C. Castro. The parties acknowledge that the issue of fiduciary fees will be determined in accordance with our holding regarding the validity of the trusts. At trial, the Castro & Co. Jewelers Trust (CCJT) conceded respondent’s adjustment to taxes for 1996. The CCJT also agreed to concede the adjustment to outside services for 1996 if we hold that the CCJT is valid for Federal income tax purposes. If, however, we hold that the CCJT is not valid for Federal income tax purposes, then respondent concedes, for 1996, the adjustment to outside services and an increase in depreciation in the amount of $3,800. Respondent proposed adjustments to the following items in his notices of deficiency, and petitioners are deemed to have conceded these adjustments because, although petitioners disputed them in their petitions, petitioners failed to address them at trial or on brief: The CCJT’s 1995 charitable contribution(s); the Castro Family Trust’s (CFT) 1995 and 1996 charitable contributions; and the CFT’s 1995 and 1996 “other deductions” and “miscellaneous itemized deductions”, including medical, utilities, automobile, meal, travel, and telephone expenses. See Rule 151(e)(4) and (5); Petzoldt v. Commissioner, 92 T.C. 661, 683 (1989); Money v. Commissioner, 89 T.C. 46, 48 (1987). . 4The only other issues are computational.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011