Frank George - Page 5




                                        - 5 -                                         
          1998, by reason of Arivada’s failure to file a timely list of               
          creditors in the proper format and failure to file timely the               
          schedules and statements required by the bankruptcy rules.                  
               The notice of deficiency sent to petitioner, after a                   
          detailed explanation, concluded in part:                                    
                    In this case, the business operation was not                      
               altered by the formation of trust; and subsequently, a                 
               limited liability partnership with the trust as                        
               partner.  Before, the business was operated as a sole                  
               proprietor; after, the individual was a partner with a                 
               minimal interest.  The majority of the distributions                   
               were allocated to the trust partner, who then                          
               “distributed” income to two foreign beneficiaries.                     
                    The taxpayer has failed to substantiate that a                    
               valid trust was created.  In any event, the trust and                  
               partnership arrangement should be disregarded for                      
               Federal Income Tax purposes because it lacks economic                  
               substance.  As a result, the income and expenses for                   
               the partnership are attributable to the individual                     
               partner.                                                               
                    As the partner, Arivada, has been determined to be                
               established primarily for tax avoidance and determined                 
               to be a sham, the income will be distributed 100% to                   
               partner, George.  However, to protect the interest of                  
               the government, an inconsistent position will be taken                 
               and income distributed 100% to partner, Arivada, also.                 
                    Due to the filing of the bankruptcy, all                          
               adjustments will become nonpartnership items, and                      
               adjustments made with non-TEFRA [Tax Equity & Fiscal                   
               Responsibility Act of 1982, Pub. L. 97-248, 96 Stat.                   
               324 (TEFRA)] procedures.                                               
          The statutory notice included explanations of the penalties and             
          other adjustments that have now been conceded by respondent or              
          not contested by petitioner.                                                








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011