- 5 - There was filed on behalf of the annuity trust a 1994 fiduciary Federal income tax return on which there was reported no income relating to sale of the pizza business to Beagley and Lundell. On audit, respondent determined that the annuity trust was a sham and that the $56,063 in proceeds received in 1994 from Beagley and Lundell relating to sale to them of the pizza business is to be treated as received by petitioner.3 OPINION Gross income includes all income from whatever source derived. See sec. 61(a). 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). Tax laws do not recognize as valid for tax purposes sham transactions or transactions that have no economic substance. 3 The $56,063 received in 1994 ($50,000 downpayment and $6,063 in total monthly installment payments) is treated by respondent as taxable income to petitioner based on a gross profits percentage of .5616 or $31,485. Also, under secs. 1245 and 1250, on sale of the pizza business depreciation recapture income of $62,426 relating to property of the pizza business is charged by respondent to petitioner as taxable income.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011