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OPINION OF THE SPECIAL TRIAL JUDGE
ARMEN, Special Trial Judge: This matter is before the Court
on respondent’s motion to dismiss for lack of jurisdiction.
Respondent maintains that Edwin R. Adorno (Mr. Adorno), the
individual who signed the petition, is not a proper party
authorized to bring suit on behalf of The Adorno Asset Management
Trust2 (Adorno Asset) under Rule 60. As discussed in detail
below, we shall grant respondent’s motion and dismiss this case
for lack of jurisdiction.
Background
A. Notice of Deficiency
Respondent issued a notice of deficiency to Adorno Asset
determining a deficiency in its Federal income tax for the
taxable year 1998 in the amount of $781,606 and an accuracy-
related penalty under section 6662(a) in the amount of $156,321.
In the notice of deficiency, respondent disallowed deductions
claimed by Adorno Asset because it:
failed to establish the amount, if any, that was paid
during the taxable year for ordinary and necessary
expenses for the production of rental income; you
failed to establish the cost or other basis of the
property claimed to have been used in the rental
activity; and you failed to establish that the claimed
2 Use of the terms “trust”, “trustee”, and “trust
instrument” (and their derivatives) in this opinion is intended
for narrative convenience only. Thus, no inference should be
drawn from our use of such terms regarding any legal status or
relationship.
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Last modified: May 25, 2011