- 2 -
This matter is before the Court on respondent’s motion to
dismiss for lack of jurisdiction, as supplemented. Respondent
maintains that the petition was not filed by a trustee authorized
to bring suit on behalf of Acme Equipment Trust (Acme).2 Acme
opposes respondent’s motion to dismiss. As discussed in detail
below, we shall grant respondent’s motion, as supplemented, and
dismiss this case for lack of jurisdiction.
Background
A. Notice of Deficiency
Respondent issued a notice of deficiency to Acme determining
deficiencies in its Federal income taxes and accuracy-related
penalties under section 6662(a) as follows:
Year Deficiency Accuracy-related Penalty
1997 $3,025 $605
1998 2,432 486
The deficiencies in income taxes are based on the disallowance of
deductions claimed by Acme on Schedules C, Profit or Loss From
Business. In this regard, respondent determined that the
deductions:
are disallowed because you failed to establish the
amount if any, that was paid during the taxable year
for ordinary and necessary business expenses. And you
failed to establish the cost or other basis of the
property claimed to have been used in business.
2 Use of the terms “trust” and “trustee” (and their
derivatives) are intended for narrative convenience only. Thus,
no inference should be drawn from our use of such terms regarding
any legal status or relationship.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011