David J. Edwards - Page 11





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          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 stipulation             






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