Charles F. Sutter and Cheryl Sutter - Page 12

                                       - 12 -                                         

          Consequently, for Federal income tax purposes there was no debt             
          between the Waltons and Charles Sutter.  See Beaver v.                      
          Commissioner, 55 T.C. 85 (1970).  Pursuant to the apparent                  
          arrangement among Charles Sutter, the Waltons, and the Schwabs,             
          the DDI note was to be repaid not by Charles Sutter, but by the             
          Schwabs, or an entity controlled by the Schwabs.  This is in fact           
          what happened not only in this case, but with other customers of            
          the Schwabs as well who received funds from DDI.  As far as                 
          Charles Sutter was concerned, the DDI note was a nullity.                   
          Disregarding the DDI note, it follows from our holding in Wentz             
          v. Commissioner, supra, see also Haderlie v. Commissioner, supra,           
          that the fair market value of the life insurance coverage Charles           
          Sutter received from Columbus, measured by the amount of the                
          first-year premium for that insurance, must be included in                  
          petitioners' income for 1992, and we so hold.                               
               Respondent's argument that the Stable and RMR notes were               
          also illusory is likewise persuasive.  There is credible evidence           
          in the record that those notes were afterthoughts, designed not             
          to represent legitimate debt between the makers and holders, but            
          to disguise transactions that would otherwise lead to the Federal           
          income tax consequences that are involved in this proceeding.               
          The manner in which the Schwabs orchestrated each transaction               
          through entities that they controlled, coupled with the extent of           
          the compensation they received from the insurance companies,                





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011