Allen O. Zachman and Bernadette Zachman - Page 11




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         the business trusts and then issue 60 percent of their trust                 
         shares to BBCA, thus effectively evading the assessment and                  
         payment of 60 percent of their clients’ Federal income tax                   
         liability.                                                                   
              Oak Hill filed Federal income tax returns for 1987 through              
         1989 reporting Schedule F income from petitioners’ farming                   
         operation, interest income, Schedule C income from petitioners’              
         parts business, and capital gains.  In taxable year 1987, Oak                
         Hill reported a net loss.  In taxable years 1988 and 1989, Oak               
         Hill reported that 40 percent of its net income was distributed              
         to petitioners.7  The trust itself paid no taxes.  Petitioners               
         reported only their distributive share of Oak Hill’s net income              
         on their joint Federal income tax returns.                                   
              Respondent determined that petitioners are taxable on the               
         gross income reported by Oak Hill because the creation of Oak                
         Hill and the subsequent transfer of petitioners’ assets thereto              
         was a sham transaction lacking in economic substance, because                
         petitioners have improperly attempted to assign their income to              




               7 For taxable year 1988, Oak Hill claimed an income                    
          distribution deduction for 100 percent of its reported                      
          distributable net income, reporting that 40 percent was                     
          distributed to petitioners, but failing to report the recipient             
          of the remaining 60 percent.  For taxable year 1989, Oak Hill               
          reported that its reported distributable net income was                     
          distributed 40 percent to petitioners and 60 percent to BBCA.               





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