Allen O. Zachman and Bernadette Zachman - Page 13




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         formation, whether the trust had an independent trustee, whether             
         an economic interest passed to other beneficiaries of the trust,             
         and whether the taxpayer felt bound by any restrictions imposed              
         by the trust or by the law of trusts.  See Markosian v.                      
         Commissioner, supra at 1243-1245; Muhich v. Commissioner, T.C.               
         Memo. 1999-192.  The burden of proof is on petitioners.  See Rule            
         142.                                                                         
              The evidence clearly establishes that Oak Hill lacked                   
         economic substance and was merely a paper entity created for the             
         primary purpose of reducing petitioners’ Federal income tax.                 
         Petitioners’ relationship to their property did not differ                   
         materially before and after the creation of Oak Hill.  Although              
         petitioners purported to transfer all their income-producing                 
         personal property to Oak Hill, in reality they retained dominion             
         and control over it.  They continued to operate the farm and                 
         parts businesses just as they always had, making all the                     
         management decisions.  Together with their sons Gerard and Ryan,             
         petitioners provided all the income-producing labor and made all             
         the management decisions.  Petitioner wife testified that, except            
         for bookkeeping, “Everything is run the same” on their farm as it            
         was before the creation of Oak Hill.  Petitioner wife testified              











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