- 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