- 11 -- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011