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INSTRUMENT, THIS IS A GRANTOR TRUST. IN ACCORDANCE WITH SECTIONS
671-678 IRC, 1986, ALL INCOME IS TAXABLE TO THE GRANTOR.
STATEMENTS OF INCOME, DEDUCTIONS AND CREDITS ARE ATTACHED.” The
trust return also reported that CM Trust was a partner in
Ovation. On September 6, 2001, Ovation filed a 2000 Form 1065,
U.S. Return of Partnership Income, for the period of its
existence. The partnership return reported that CM Trust was a
general partner of Ovation, with a 13-percent interest.5 The
partnership return reported that Ovation’s designated tax matters
partner was Kevin Murphy and that Kevin Murphy’s address was the
Oak Brook address.
On December 21, 2004, respondent mailed a notice of
beginning of administrative proceeding (NBAP) for Ovation’s 2000
taxable year to six separate addressees at the Oak Brook address.
The addressees were listed as Ovation’s tax matters partner,
Kevin Murphy in a capacity as Ovation’s tax matters partner,
Michael Murphy, petitioner, and two corporations not relevant
herein. The NBAPs mailed to Ovation’s tax matters partner and to
Kevin Murphy in a capacity as Ovation’s tax matters partner were
delivered by the United States Postal Service on December 23 and
5 While the partnership return reported that the 13-percent
interest was owned by “COLIN MURPHY TRUST DTD 3/16/95 CPM GI”, an
apparent reference to the Trust and CPM Gibson Trading, LLC, a
single-member limited liability company such as CPM Gibson
Trading, LLC, is disregarded as an entity for Federal income tax
purposes. See sec. 301.7701-2(c)(2), Proced. & Admin. Regs.
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Last modified: November 10, 2007