David J. Edwards - Page 8

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          petitioner had Federal income tax deficiencies of $540,192 for              
          1996 and $511,866 for 1997.                                                 
               Respondent also determined that petitioner is liable for 20-           
          percent accuracy-related penalties under section 6662(a) because            
          petitioner was negligent or disregarded rules and regulations in            
          understating his taxable income, made substantial understatements           
          of income tax, and had not shown reasonable cause for the                   
          understatements.  Applying the 20-percent rate to the                       
          deficiencies, respondent determined penalties of $108,038 for               
          1996 and $102,373 for 1997.                                                 
               Petitioner timely filed an original petition and an amended            
          petition with this Court.  In his amended petition, petitioner              
          argued that all adjustments respondent made were erroneous.                 
          Petitioner claimed his trusts were valid, and that the grantor              
          trust rules do not apply because he held neither legal nor                  
          equitable title to the trust assets.  Petitioner in his amended             
          petition also asserted the “Delpit” issue:  that the Tax Court              
          lacks jurisdiction over his petition because respondent made the            
          determination without sending him a 30-day letter, without                  
          advising him of his administrative rights, and without giving him           
          an opportunity for adequate administrative review.  According to            
          petitioner’s counsel:  “This denial has cost Petitioner undue               
          burden of Tax Court litigation that could have been resolved                
          administratively.”                                                          






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