Leon L. Zachman and Estate of Ione Zachman - Page 12




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         Commissioner, 79 T.C. 714, 719 (1982), affd. 731 F.2d 1417 (9th              
         Cir. 1984); Markosian v. Commissioner, 73 T.C. 1235, 1241 (1980).            
         This rule applies even if the trust is recognized pursuant to                
         State law as a business trust or other form of jural entity.  See            
         Zmuda v. Commissioner, supra.8                                               
              Whether a trust lacks economic substance is a question of               
         fact.  See Paulson v. Commissioner, 992 F.2d 789, 790 (8th Cir.              
         1993), affg. per curiam T.C. Memo. 1991-508.  Relevant factors               
         include whether the taxpayer’s relationship as grantor to the                
         property differed materially before and after the trust’s                    
         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.                                                                         


               8 This is not the first occasion we have had to examine                
          trust arrangements devised and promoted by the Noskes.  On each             
          occasion, we determined that they were sham entities used by                
          taxpayers to avoid income tax.  See, e.g., Scherping v.                     
          Commissioner, T.C. Memo. 1998-288; Paulson v. Commissioner, T.C.            
          Memo. 1991-643, affd. without published opinion 994 F.2d 843 (8th           
          Cir. 1993); Paulson v. Commissioner, T.C. Memo. 1991-508, affd.             
          992 F.2d 789 (8th Cir. 1993); Scherping v. Commissioner, T.C.               
          Memo. 1991-384; Chase v. Commissioner, T.C. Memo. 1990-615; Chase           
          v. Commissioner, T.C. Memo. 1990-164, affd. 926 F.2d 737 (8th               
          Cir. 1991); Scherping v. Commissioner, T.C. Memo. 1989-678.                 






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