Residential Management Services Trust, Robert Hogue, Trustee - Page 3




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          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.                           
               B.  Petition                                                              
               The Court subsequently received and filed a petition for                  
          redetermination challenging the notice of deficiency.4  The                    
          petition was signed by Robert Hogue as Residential Management’s                
          purported “trustee”.                                                           
               Paragraph 4 of the petition, which sets forth the bases on                
          which the notice of deficiency is challenged, alleges as follows:              
               (1) The Statutory Notice of Deficiency was issued to                      
               petitioner claiming petitioner had unreported income.                     
               Petitioner denies having any unreported income.  (2)                      
               Attached to the Notice of Deficiency, IRS Form 4549-A,                    
               income tax examination changes, line 9 states, “Total                     
               Corrected Tax Liability.”  Petitioner denies having a                     
               tax liability.  (3) Respondent has failed to provide                      
               the petitioners [sic] with the USC Title 26 taxing                        
               statute that applies.  (4) Respondent has failed to                       
               provide the petitioners [sic] with certified assessment                   
               information as per Internal Revenue Regulation                            
               301.6203-1.  (5) Respondent has failed to identify the                    
               individual who will certify to the tax adjustments the                    
               determination was based on.  (6) Petitioner claims, the                   
               Notice of Deficiency, the claimed tax liability, and                      
               the claimed unreported income, are all based on                           
               unfounded and hearsay evidence[;] no examination of                       
               books and records has been done so we are presuming                       
               this is a naked assessment.  (7) There can be no                          


               4  Residential Management’s principal place of business was               
          in California at the time that the petition was filed with the                 
          Court.                                                                         





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Last modified: May 25, 2011