David J. Edwards - Page 6




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          in taxable income for 1997.  These returns reported Federal                 
          income tax liabilities of $2,465 for 1996 and $4,497 for 1997.              
          Each of the trusts filed Forms 1041, U.S. Income Tax Return for             
          Estates and Trusts, for tax years 1996 and 1997 reporting                   
          negative taxable income.2                                                   
               Petitioner did not keep a general ledger accounting system.            
          Instead, petitioner’s counsel admitted at trial that petitioner’s           
          records consisted of “just gross receipts, a massive amount of              
          receipts, he does not keep journals and stuff like that”.                   
               On June 13, 1996, respondent sent a form letter to                     
          petitioner’s current spouse, Jeanee Girazian, who at the time was           
          living with and working for petitioner and was a named trustee of           
          his trusts.  Respondent’s letter stated that he had information             
          that Ms. Girazian might be involved in trust arrangements used              
          for tax avoidance purposes.  The letter cited substantial                   
          authority holding abusive trusts invalid and recommended that Ms.           
          Girazian obtain independent advice regarding the validity of the            
          trusts.                                                                     

               2Respondent issued notices of deficiency to the trusts                 
          disallowing all trust deductions.  The trusts failed to file                
          petitions to the Tax Court within the 90-day period provided by             
          sec. 6213(a).  Respondent thereupon assessed deficiencies against           
          the trusts.  Respondent has agreed to hold in abeyance efforts to           
          collect the assessed deficiencies from the trusts while the case            
          at hand is pending.  In view of the agreement of the parties in             
          the case at hand that the trusts should be disregarded for                  
          Federal income tax purposes since their inception, it is                    
          understood that the assessments against the trusts will be                  
          abated.                                                                     





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