- 2 - OPINION OF THE SPECIAL TRIAL JUDGE ARMEN, Special Trial Judge: This matter is before the Court on respondent’s Motion to Dismiss for Lack of Jurisdiction. Respondent maintains that the petition was not filed by a person with authority to represent Fennel Trust (Fennel or petitioner).2 Petitioner opposes respondent’s motion. As discussed in detail below, we shall grant respondent’s motion to dismiss. Procedural Background Respondent issued a notice of deficiency to Fennel determining deficiencies in its Federal income taxes and additions to tax as follows: Additions to tax Year Deficiency Sec. 6651(a)(1) Sec. 6651(a)(2) 1995 $10,265 $2,567 --- 1996 9,486 2,372 To be determined. The Court subsequently received and filed a timely petition for redetermination challenging the notice of deficiency. The petition was signed “Paul Jablonski, Mng Dir”. Respondent filed a Motion to Dismiss for Lack of Jurisdiction on the ground that the petition was not filed by a party authorized to represent petitioner in this matter. 2 Use of the terms “trust”, “trustee”, “trust instrument”, and their derivatives is intended only for narrative convenience to describe the form of the disputed transactions. By our use of such terms, we do not mean to suggest any conclusion concerning the actual substance or characterization of the transactions for tax purposes.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011