Duane E. Hudspath - Page 2

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                                  FINDINGS OF FACT                                    
               In the mid-1990s, petitioner formed Stephens City                      
          Chiropractic (SCC), a limited liability company; Win Enterprise             
          (WIN), a limited company; Fair Hollow Trust (FHT), a domestic               
          trust; and Fair Exit Trust (FET), a foreign trust.  Petitioner              
          transferred 90 percent of his interest in SCC to FHT and retained           
          10 percent.  Petitioner also transferred a percentage of his                
          interest in WIN to FHT.2  Petitioner subsequently transferred his           
          interest in FHT to FET.                                                     
               In 1996 and 1997, petitioner, who is legally blind,                    
          performed services as a chiropractor for SCC.  In addition,                 
          petitioner received $8,160 and $8,400 in Social Security benefits           
          relating to 1996 and 1997, respectively.  Petitioner timely filed           
          his 1996 and 1997 Federal income tax returns and, on those                  
          returns, reported the income he received from SCC and WIN                   
          relating to those years.                                                    
               On April 14, 2000, respondent sent the SCC and WIN tax                 
          matters partners separate notices of final partnership                      
          administrative adjustment (FPAAs).  In the FPAAs, respondent                
          determined that FHT was a sham trust and attributed its                     
          respective shares of SCC and WIN income and expenses to                     
          petitioner.  On that day, respondent also sent petitioner a                 



               2  The record does not disclose the percentage of WIN that             
          petitioner transferred to FHT or personally retained.                       




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