Matthew and Janice Leonard - Page 4

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          burden from the taxpayer to a trust when the taxpayer controls              
          the earning of the income.  Vnuk v. Commissioner, 621 F.2d 1318,            
          1320 (8th Cir. 1980), affg. T.C. Memo. 1979-164.                            
               The Commissioner is not required to apply the tax laws in              
          accordance with the form a taxpayer employs where that form is a            
          sham or inconsistent with economic reality.  Higgins v. Smith,              
          308 U.S. 473, 477 (1940).  Where an entity is created that has no           
          real economic effect and which affects no cognizable economic               
          relationships, the substance of a transaction involving this                
          entity will control over its form.  Zmuda v. Commissioner, 731              
          F.2d 1417, 1420-1421 (9th Cir. 1984), affg. 79 T.C. 714, 719                
          (1982); Markosian v. Commissioner, 73 T.C. 1235, 1241 (1980).               
          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.                          
               Petitioners argue that Republic is a bona fide trust.  They            
          have not introduced any evidence, however, that rebuts                      
          respondent's determination that Republic is a sham.  Accordingly,           
          we hold that Republic shall not be respected as a trust for                 
          Federal income tax purposes, and the money paid to Republic is              
          taxable income to petitioners.  See Rule 142(a).                            
               We must next determine whether this income, which is taxable           
          wholly to petitioners, is community property income.2  Under                

               2  Respondent, in the separate notices of deficiency sent to           
          each petitioner in 1990 and 1991, determined:  (1) That Mr.                 
                                                             (continued...)           


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