Alan and Esther Schwemmer - Page 3

                                        - 2 -                                         
               Respondent determined a deficiency in petitioners’ 1998                
          Federal income tax in the amount of $16,353, together with a                
          penalty under section 6662(a) in the amount of $3,271.  After               
          concessions by respondent, the issues this Court must decide are            
          whether petitioners proved that respondent’s determination was              
          incorrect, and whether petitioners are liable for the accuracy-             
          related penalty under section 6662(a).                                      
               Some of the facts in this case have been stipulated and are            
          so found.  Petitioners resided in Fresno, California, at the time           
          they filed their petition.  Their petition is replete with tax              
          protester type arguments.  Petitioners filed a statement, which             
          has as its core thesis that this case should be:                            
               dismissed for lack of Subject Matter Jurisdiction on the               
               grounds that the Notice of Deficiency issued by respondent             
               was issued on hearsay facts and evidence.  Petitioner                  
               demands that respondent provide certified facts or evidence            
               of a statutory correct assessment or tax liability to                  
               support any claimed deficiency.  Lacking a statutory correct           
               assessment or tax liability the notice of deficiency is null           
               and void and this court does not have Subject Mater                    
               Jurisdiction.                                                          
               Respondent made a number of determinations which are                   
          described in pertinent part below.  Respondent determined that              
          the BVE and Sweetbush Business Trusts, purportedly created by               
          petitioners, are shams with no economic substance and increased             
          petitioners’ business income by the gross receipts of the trusts,           
          less ordinary and necessary business expenses.  Respondent also             
          determined gross income from Sweetbush Trust bank deposits (the             






Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011