- 11 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011