- 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. Hillside Farm filed Federal income tax returns for 1987 through 1989 reporting Schedule F income from petitioners’ farming operation. During the years at issue, Hillside Farm reported that 40 percent of its net income was distributed to petitioners.7 The trust itself paid no taxes. Respondent determined that petitioners are taxable on Hillside Farm’s gross income because the creation of Hillside Farm 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 Hillside Farm, and because petitioners are taxable on the trust income under the grantor trust rules in sections 671 through 678. OPINION If the creation of a trust has no real economic effect and alters no cognizable economic relationships, it will be disregarded for Federal income tax purposes; our guidepost is the economic substance of the transaction. See Zmuda v. 7 Hillside Farm claimed an income distribution deduction for 100 percent of its reported distributable net income, but it failed to report the recipient of the remaining 60 percent of its net income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011