- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011