- 7 - trust documents, respondent determined that the trusts were sham trusts and that all gross receipts, expenses, and net profits relating to the chiropractic practice were to be charged to Alsop individually. On April 29, 1998, by a supplemental stipulation of facts, for 1991, 1992, 1993, and 1994, Alsop and respondent agreed to the total gross receipts, costs of goods sold, expenses, and net profits relating to the chiropractic practice as follows: Gross Cost of Net Year Receipts Goods Sold Expenses Profits 1991 $188,020 $34,942 $103,831 $49,247 1992 178,098 22,265 90,820 65,013 1993 150,535 26,277 87,299 36,959 1994 158,575 30,428 67,867 60,280 OPINION As a fundamental principle of Federal income tax law, income is taxed to the person who earns the income. See United States v. Basye, 410 U.S. 441, 450 (1973); Commissioner v. Culbertson, 337 U.S. 733, 739-740 (1949); Lucas v. Earl, 281 U.S. 111, 114- 115 (1930); Holman v. United States, 728 F.2d 462, 464 (10th Cir. 1984); Leavell v. Commissioner, 104 T.C. 140, 148 (1995). The tax laws do not recognize sham transactions or transactions that contradict economic reality. See Higgins v. Smith, 308 U.S. 473, 477 (1940); Uri v. Commissioner, 949 F.2d 371, 374 (10th Cir. 1991), affg. T.C. Memo. 1989-58. Where thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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