Herbst Asset Management Trust, et al. - Page 5




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          books, records, or other reliable information was provided to               
          respondent establishing (1) the jurisdiction under the laws of              
          which Herbst Management Trust was purportedly organized, (2) the            
          person who is authorized to act on behalf of Herbst Management              
          Trust, and (3) that Herbst Management Trust was at all relevant             
          times a trust cognizable for Federal tax purposes.  Nor did                 
          Herbst Management Trust at any time provide any books, records,             
          or other information to respondent establishing the income                  
          reported and the expense deductions claimed in Herbst Management            
          Trust’s 1996 and 1997 trust returns.                                        
               In the notice issued to Herbst Management Trust, respondent            
          determined, inter alia, that Herbst Management Trust is liable              
          for each of the taxable years 1996 and 1997 for the accuracy-               
          related penalty under section 6662(a).                                      
               Respondent has no record of Herbst Charitable Trust’s having           
          filed with respondent Form 990-PF, Return of Private Foundation             
          (Form 990-PF), for either of the taxable years 1996 and 1997.               
          Nor does respondent have a record of any other Federal tax                  
          returns having been filed by Herbst Charitable Trust for those              
          years.                                                                      
               In response to a request by respondent for information with            
          respect to Herbst Charitable Trust, respondent was provided with            
          a copy of Form 990-PF for each of the taxable years 1996 and 1997           
          that showed Herbst Charitable Trust as the organization to which            







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