Sweetbush Trust, David Keith Jacobs, Trustee, et al. - Page 3

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          should not be cited as authority.  Unless otherwise indicated,              
          subsequent section references are to the Internal Revenue Code in           
          effect for the year(s) in issue, and all Rule references are to             
          the Tax Court Rules of Practice and Procedure.                              
               These consolidated cases were heard on respondent’s Motions            
          To Dismiss For Lack Of Jurisdiction under Rule 60 in four cases             
          involving the Sweetbush Trust and the BVE Trust.2  The creators             
          of the trusts are Alan C. Schwemmer and Esther R. Schwemmer (Mr.            
          and Mrs. Schwemmer).  The petitions in these cases were filed for           
          Sweetbush Trust and BVE Trust by :David-Keith:Jacobs (sic) (Mr.             
          Jacobs), a purported trustee for each trust.  The petitions are             
          replete with tax protester arguments.                                       
               Respondent’s position is that each case should be dismissed            
          on the ground that the petition was not filed by a trustee                  
          authorized to bring suit on behalf of the trust.                            
               Petitioners’ responses to respondent’s motions to dismiss              
          were filed in docket numbers 9460-02S and 9462-02S.  Objections             
          to respondent’s motions to dismiss were filed in all four                   
          dockets.  The Objections, which were signed by Mr. Jacobs, have             
          as the core thesis that these cases should be:                              
               dismissed for lack of Subject Matter Jurisdiction on the               
               grounds that the Notice of Deficiency (Determination) issued           

               2  Use of the terms “trust” and “trustee” (and their                   
          derivatives) are 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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