Joseph and Annie Chu - Page 9

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               We agree with respondent.  The true owner of                           
          income-producing property, such as the Liu accounts, is the one             
          with beneficial ownership, rather than mere legal title.                    
          Serianni v. Commissioner, 80 T.C. 1090, 1104 (1983), affd.                  
          765 F.2d 1051 (11th  Cir.1985); Hook v. Commissioner, 58 T.C.               
          267, 273, 276 (1972).  It is the ability to command the property,           
          or enjoy its economic benefits, that marks a true owner.  Hang v.           
          Commissioner, 95 T.C. 74, 80 (1990).  The Liu accounts are owned            
          by the person or persons who derive "readily realizable economic            
          value" from these accounts, and a person derives the requisite              
          value when he or she has the freedom to dispose of the accounts'            
          funds at will.  Rutkin v. United States, 343 U.S. 130, 137                  
          (1952).                                                                     
               We are unable to find that petitioners were not the true               
          owners of the Liu accounts.4  Although petitioners elicited                 
          testimony at trial in an attempt to establish that they did not             
          own these accounts, we are unpersuaded by this testimony.  For              
          the same reasons stated above, we find that none of this                    
          testimony is credible.  Because petitioners failed to disprove              
          respondent's determination on this issue, we sustain it.  We also           
          sustain respondent's determination that petitioners are taxable             
          on the interest on these accounts.  Petitioners had argued that             


               4 To the contrary, the record indicates that Mr. Chu                   
          controlled the Liu accounts and that he had the ability to                  
          dispose of the funds contained therein at will.                             




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