Colin P. Murphy - Page 9




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         search his records to obtain information not provided to him                 
         under either of the ways set forth in section 6223(c)(1) and (2).7           
              When the FPAA was mailed to petitioner on January 25, 2005,             
         respondent possessed and had sufficient readily available                    
         information establishing petitioner’s name, address, and indirect            
         profit interest in Ovation.  First, on August 31, 2001,                      
         petitioner filed his personal income tax return identifying his              
         relationship to and beneficial interest in CM Trust.  Second, on             
         September 6, 2001, Ovation filed its partnership return                      
         identifying CM Trust as a general partner in Ovation with a                  
         13-percent interest.  Third, on September 9, 2001, CM Trust filed            
         its trust return reporting that CM Trust was petitioner’s grantor            
         trust for Federal income tax purposes and that CM Trust had a                
         direct ownership interest in Ovation.  These three returns, each             
         of which related to petitioner or CM Trust, established a                    
         sufficient basis for respondent to conclude that petitioner,                 
         through CM Trust, had a 13-percent indirect profits interest in              

               7 As stated in the temporary regulations:                              
               In addition to the information on the partnership                      
               return and that supplied on statements filed under this                
               section, the Internal Revenue Service may use other                    
               information in its possession (for example a change in                 
               address reflected on a partner’s return) in                            
               administering subchapter C of chapter 63 of the Code.                  
               However, the [Internal Revenue] Service is not                         
               obligated to search its records for information not                    
               expressly furnished under this section.  [Sec.                         
               301.6223(c)-1T(f), Temporary Proced. & Admin. Regs., 52                
               Fed. Reg. 6784 (Mar. 5, 1987).]                                        





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