Neil J. Christal, II & Kathryn E. Christal - Page 11

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          substance of a transaction involving this entity will control               
          over its form.  Zmuda v. Commissioner, 731 F.2d at 1420-1421;               
          Markosian v. Commissioner, 73 T.C. 1235, 1241 (1980).  If a trust           
          has no economic substance apart from tax considerations, the                
          trust is not recognized for Federal tax purposes.  Markosian v.             
          Commissioner, supra at 1244-1245; Furman v. Commissioner, 45 T.C.           
          360, 364 (1966), affd. per curiam 381 F.2d 22 (5th Cir. 1967).              
          These principles apply even though an entity may have been                  
          properly formed and have a separate existence under applicable              
          local law.  Zmuda v. Commissioner, 79 T.C. at 720.                          
               Whether a trust lacks economic substance for tax purposes is           
          a factual question to be decided on the basis of the facts before           
          the Court.  Paulson v. Commissioner, T.C. Memo. 1991-508, affd.             
          per curiam 992 F.2d 789 (8th Cir. 1993) (citing United States v.            
          Cumberland Pub. Serv. Co., 338 U.S. 451 (1950)).  Additionally,             
          when the settlor is trustee and the beneficiaries are the settlor           
          and his family, such trust arrangements must be closely                     
          scrutinized for economic substance.  Markosian v. Commissioner,             
          supra at 1245; see Helvering v. Clifford, 309 U.S. 331, 334                 
          (1940).  Petitioners bear the burden of proof.  Rule 142(a).                
               We consider the following factors to determine whether a               
          purported trust lacks economic substance for Federal income tax             
          purposes:  (1) Whether the taxpayer's relationship, as grantor,             
          to the property differed materially before and after the trust's            





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