Residential Management Services Trust - Page 2




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                    1.  Held:  Trust income is attributed to H and W                  
               for the reasons stated by R.                                           
                    2.  Held, further, H and W omitted nontrust income                
               and overstated deductions.                                             
                    3.  Held, further, H and W are liable for the                     
               accuracy-related penalty under sec. 6662(a), I.R.C.                    
                    4.  Held, further, R’s motion to dismiss for lack                 
               of jurisdiction will be granted.                                       
                    5.  Held, further, Ps bear the burden of proof.                   


               Robert Hogue, pro se in docket No. 10400-99.                           
               Michael T. Carey, pro se in docket No. 10502-99.                       
               Jeremy L. McPherson, for respondent.                                   


                       MEMORANDUM FINDINGS OF FACT AND OPINION                        

               HALPERN, Judge:  These consolidated cases involve                      
          determinations by respondent of deficiencies in, and penalties              
          with respect to, the Federal income tax liabilities of the                  
          following taxpayers, for the 1995 taxable (calendar) year of                
          each, in the following amounts:                                             
                                                  Penalty                             
               Taxpayer(s)           Deficiency   Sec. 6662(a)                        
          Res. Mgmt. Svcs. Tr.          $65,834        $13,167                        
          Michael & Leone Carey         272,707         54,541                        
               These cases are related in that, under various theories,               
          respondent believes that there is an identity between Residential           
          Management Services Trust (the trust) and Michael and Leone Carey           
          (the Careys or, individually, Michael or Leone).  Among other               








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