Harold Patz Trust v. Commissioner
United States Tax Court
By their terms, trust A terminated on Mar. 17, 1974, and trust B on Mar. 4, 1976. Trust A distributed all its assets on Dec. 31, 1974. No evidence was presented as to whether trust B retained assets after its termination. On Mar. 30, 1976, respondent sent a notice of deficiency to the trusts in care of their final trustees at their last known address.
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By their terms, trust A terminated on Mar. 17, 1974, and trust B on Mar. 4, 1976. Trust A distributed all its assets on Dec. 31, 1974. No evidence was presented as to whether trust B retained assets after its termination. On Mar. 30, 1976, respondent sent a notice of deficiency to the trusts in care of their final trustees at their last known address. Held, the deficiency notices were valid under sec. 6212. Held, further, after a trust distributes its assets it ceases to exist and the former trustees no longer have authority under State law to represent it in litigation, therefore the final…
1Opinion of the Court
Wilbur, Judge:
This case is before us on respondent’s motion to dismiss for lack of jurisdiction upon the ground that the petition was not filed by the proper parties as required by Rule 60(c).1 In addition, petitioners question the validity of the deficiency notices issued herein.
FINDINGS OF FACT
Petitioners are two intervivos trusts, the Harold Patz Trust (hereinafter Harold Trust) and the Darrell Patz Trust (hereinafter Darrell Trust), established by instruments dated January 1, 1955. The trustees during 1972 were Clifford Patz (hereinafter Clifford) and Howard Patz (hereinafter Howard).…
2Cases cited17 opinions
- National Committee to Secure Justice, etc. v. CommissionerUnited States Tax Court · 1957
- Krueger v. CommissionerUnited States Tax Court · 1967
- Fehrs v. CommissionerUnited States Tax Court · 1975
- Main-Hammond Land Trust v. Commissioner of Internal RevenueCourt of Appeals for the Sixth Circuit · 1952
- Christensen v. CommissionerUnited States Tax Court · 1963
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3Cited by44 opinions
- Brannon's of Shawnee, Inc. v. CommissionerUnited States Tax Court · 1978
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- Smith v. CommissionerUnited States Tax Court · 2013
- Storelli v. CommissionerUnited States Tax Court · 1986
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