NHUSS Trust, et al. - Page 10

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               On July 23, 2002, respondent’s revenue agent mailed a letter           
          to petitioner Joyce Pendergraft with respect to an examination of           
          petitioners’ 1999 and 2000 joint individual Federal income tax              
          returns, which letter included a request for certain books,                 
          records, and documents relating to petitioners’ three trusts and            
          the sale of petitioners’ residence.                                         
               On October 21, 2002, petitioners entered into a closing                
          agreement with respondent in which agreement petitioners agreed,            
          in principle, that for 1999 and 2000 the NHUSS Trust, the In God            
          We Trust, and the RJ Pendergraft Trust would be disregarded for             
          Federal income tax purposes, that the reported income and                   
          expenses of the three trusts would be collapsed into petitioners’           
          income and expenses, and that petitioners were liable for the tax           
          deficiencies for 1999 and 2000 that related to the trusts’ income           
          and expenses being charged to petitioners.  In the above-                   
          referenced October 21, 2002, closing agreement, the parties did             
          not finalize or specify the specific amounts of the income and              
          expenses of the trusts that would be charged to petitioners, nor            
          did the parties specify the amounts of the deficiencies that                
          would be charged to petitioners.4                                           

               4  We note that, in the closing agreement petitioners                  
          entered into with respondent, petitioners appear to have agreed             
          that they would be liable for penalties relating to the collapse            
          of the income and expenses of the three trusts into petitioners’            
          income and expenses.  However, in the trial stipulation, the                
          parties stipulate that petitioners’ liability for these penalties           
          is still in issue, and the parties have briefed this issue.  We             
                                                             (continued...)           




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