-8- category. There was no record of the lemon farming activity in any of the trust records, but detailed records of petitioners’ investment and rental activities were included in the trust records. Losses from the lemon farming activity were deducted on a trust return for at least 1999 and 2000, however. On audit, the revenue agent informed petitioners that the trusts would be collapsed. Petitioners decided to hire a CPA to prepare pro forma returns so petitioners would be better prepared to settle with respondent. The pro forma returns aggregated the amounts reported on the trust returns and the amounts reported on individual returns for the years at issue. Petitioners and the revenue agent were unable, however, to resolve the lemon farming activity issues. During the course of the audit, respondent’s revenue agent asked to tour the property. Petitioners would not permit the revenue agent to tour the property and would not answer questions about their farming activity. Respondent issued a summons to petitioners to permit the revenue agent to tour petitioners’ property. When the revenue agent was finally permitted to visit the property, she noted that the trees did not look healthy and that some were dead. She also noted that the trees on the property across from petitioners’ property, on the other hand, were healthy and thriving. The revenue agent also noticed that petitioners were storing yard items in the ripening room and the warehouse storage held several classic cars in various stages of repair.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011