- 11 - understatements. Applying the 20-percent rate to the deficiencies, respondent determined penalties of $108,038 for 1996 and $102,373 for 1997. Petitioner timely filed an original petition and an amended petition with this Court. In his amended petition, petitioner argued that all adjustments respondent made were erroneous. Petitioner claimed his trusts were valid, and that the grantor trust rules do not apply because he held neither legal nor equitable title to the trust assets. Petitioner in his amended petition also asserted the “Delpit” issue: that the Tax Court lacks jurisdiction over his petition because respondent made the determination without sending him a 30-day letter, without advising him of his administrative rights, and without giving him an opportunity for adequate administrative review. According to petitioner’s counsel: “This denial has cost Petitioner undue burden of Tax Court litigation that could have been resolved administratively.” The trial of this case occurred over 2 days, separated by more than 5 months. This delay was caused in large part by the failure of petitioner’s counsel to organize in coherent fashion the exhibits she wished to include in the second of three stipulations of fact. The first and third stipulations of fact, prepared primarily by respondent, were filed with the Court at the beginning of the first day of trial; the second stipulationPage: 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