Residential Management Services Trust - Page 1

                                 T.C. Memo. 2001-297                                  

                               UNITED STATES TAX COURT                                

                       RESIDENTIAL MANAGEMENT SERVICES TRUST,                         
                        ROBERT HOGUE, TRUSTEE, Petitioner v.                          
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      
                    MICHAEL T. AND LEONE R. CAREY, Petitioners v.                     
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      

               Docket Nos. 10400-99, 10502-99.      Filed November 7, 2001.           

                    R attributed to H and W gross receipts and                        
               interest with respect to a trust, on the grounds that                  
               the trust was either a sham or a grantor trust, or on                  
               the ground that the assignment of income doctrine                      
               applies.  R also claims that H and W failed to report                  
               certain nontrust items of income and overstated certain                
               deductions.  R determined a sec. 6662(a), I.R.C.,                      
               accuracy-related penalty against H and W.  R determined                
               that the trust understated income, overstated                          
               deductions, and is liable for an accuracy-related                      
               penalty, but R has orally moved to dismiss for lack of                 
               jurisdiction with respect to the trust on the ground                   
               that no proper person has petitioned the Court on                      
               behalf of the trust.  Ps claim that R bears the burden                 
               of proof.                                                              

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