David Rendel and Rachel Rendel - Page 11

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                    v. Commissioner, 28 T.C. 1100, 1115 (1957), affd. 262 F.2d 150                                                                                         
                    (9th Cir. 1958).                                                                                                                                       
                              In Zmuda v. Commissioner, supra, and in the decisions that                                                                                   
                    followed,4 the courts held that funds received by certain                                                                                              
                    offshore trusts were taxable in the year of receipt to the                                                                                             
                    taxpayers who controlled the trusts.                                                                                                                   
                              Petitioners herein argue that the offshore trust program in                                                                                  
                    which they participated is not distinguishable from the offshore                                                                                       
                    trust program that in Zmuda v. Commissioner, supra, was held to                                                                                        
                    constitute a sham and that was disregarded for Federal income tax                                                                                      
                    purposes.  Petitioners then argue that, in light of the holdings                                                                                       
                    in Zmuda and its progeny, and under the claim of right doctrine,                                                                                       
                    the profits or funds of CCMI that, at the end of 1982, were                                                                                            
                    transferred into the offshore trusts should be treated as                                                                                              
                    constructively received by petitioners in 1982, not in 1983.                                                                                           
                    Petitioners, in other words, contend that respondent has chosen                                                                                        



                    4         See Sandvall v. Commissioner, 898 F.2d 455 (5th Cir. 1990),                                                                                  
                    affg. on consolidated appeal T.C. Memo. 1989-56 and T.C. Memo.                                                                                         
                    1989-189; Akland v. Commissioner, 767 F.2d 618 (9th Cir. 1985),                                                                                        
                    affg. T.C. Memo. 1983-249; Professional Serv. v. Commissioner, 79                                                                                      
                    T.C. 888 (1982); Spencer v. Commissioner, T.C. Memo. 1994-531;                                                                                         
                    Dahlstrom v. Commissioner, T.C. Memo. 1991-265, affd. without                                                                                          
                    published opinion 999 F.2d 1579 (5th Cir. 1993); Dahlstrom v.                                                                                          
                    Commissioner, T.C. Memo. 1991-264, affd. without published                                                                                             
                    opinion 999 F.2d 1579 (5th Cir. 1993); Able Co. v. Commissioner,                                                                                       
                    T.C. Memo. 1990-500; Denali Dental Serv. v. Commissioner, T.C.                                                                                         
                    Memo. 1989-482; Pauli v. Commissioner, T.C. Memo. 1989-481;                                                                                            
                    Melvin L. Cochran, D.D.S., Inc. v. Commissioner, T.C. Memo.                                                                                            
                    1989-102.                                                                                                                                              




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