Arlene Nussdorf, et al. - Page 2




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                                       OPINION                                        

               CHIECHI, Judge:  These cases are before the Court on respon-           
          dent’s respective motions to dismiss for lack of jurisdiction               
          (respondent’s respective motions) and petitioners’ respective               
          motions to dismiss partnership items and affected items (peti-              
          tioners’ respective motions).  We shall grant respondent’s                  
          respective motions and deny petitioners’ respective motions.                
                                     Background                                       
               The record establishes and/or the respective parties in                
          these cases do not dispute the following.                                   
               Petitioners in these consolidated cases resided in the State           
          of New York at the time they filed their respective petitions.              
               During the taxable years 1999 and 2000, petitioners Arlene             
          Nussdorf, Glenn Nussdorf, and Stephen Nussdorf, through certain             
          flowthrough entities that they respectively owned and that are to           
          be disregarded for Federal income tax (tax) purposes (flowthrough           
          entities), were members of or partners2 in Evergreen Trading, LLC           
          (Evergreen Trading), an entity subject to the provisions of                 
          sections 6221-6234.3                                                        


               2The Court’s use of the words “members”, “partners”, and               
          similar words is for convenience only and does not indicate the             
          Court’s agreement that such words reflect the substance of what             
          transpired.                                                                 
               3All section references are to the Internal Revenue Code               
          (Code) in effect at all relevant times.                                     






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Last modified: November 10, 2007