- 359 - OPINION At the outset we reject Kanter's contention that respondent had raised "new matter" on which respondent bore the burden of proof in asserting that the income from the various partnerships was Kanter's income in 1986 rather than 1987. A notice of deficiency was issued to Kanter for 1986, and a petition was filed. That year is before the Court. Therefore, a reallocation of the partnerships' income between 1986 and 1987 is permissible for the reasons stated in our findings of fact. The pivotal question here is whether the Bea Ritch Trusts should be recognized in 1986 and 1987 as separate taxable entities, apart from Kanter, or whether Kanter should be treated as the true owner of the trusts and thus taxable on BRT's income for those years. Kanter contends that the Bea Ritch Trusts were valid grantor trusts that correctly reported income, deductions, and losses in 1986 and 1987. He asserts that his mother, not himself, was both the nominal and true grantor of BRT, and that Weisgal, as trustee, made the decisions to invest or not to invest for the trusts. To the contrary, respondent contends that Kanter was the true owner of the Bea Ritch Trusts, and the trusts' income for 1986 and 1987 is taxable to him. We agree with respondent. Although a trust may be valid under State law, the trust will not necessarily be recognized forPage: Previous 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 Next
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