statutory interest to June 15, 1993 totals $21,552.18 on the latter date. That liability was assessed on November 29, 1982 and a tax lien arose as a result, 26 U.S.C. §§ 6321, 6322, reaching all Cohn's property and rights to property. A valid waiver extended the statutory limitations period to December 31, 1992.
Cohn's income tax liabilities for the tax years 1973, 1975, and 1976 were disputed in the Tax Court resulting in a stipulation as to his liability. Unpaid taxes for 1984, 1985 and 1986, interest and penalties were assessed. For those six years the liability totals $218,371.85, including accrued interest to June 15, 1993. As a consequence of such assessments, liens arose and reached Cohn's property and rights to property.
Defendants interposed no facts to contradict the factson which the forgoing tax liability is based.
The facts put forth by defendants pertain to the trusts, all of which were created by Cohn's father, since deceased. For all but the Income Trust, the independent trustee, Mr. Bergman, has absolute discretion over any distribution. The Spray Trust income can be distributed to Cohn and/or his living lineal descendants. The Revocable Trust, on the death of Joel Cohn, is divided into shares. In one (# 2C) Cohn, his descendants and his mother, who is living, are beneficiaries/potential distributees, and in another (# 2E) Cohn, his descendants, his wife and his mother are beneficiaries/potential distributees. Cohn has one living descendant, a daughter. Cohn has the power to appoint but not to himself, his estate or his creditors. He can relinquish