- 11 - We are incredulous that petitioner would have transferred his 100-percent ownership interest in LPS, which petitioner believed to be worth $1 to $2 million, to a foreign corporation in exchange for no stated consideration and with nothing more than an unsecured employment relationship. Petitioners have failed to establish that their relationship to LPS differed materially before and after the formation of Zero Gee. With regard to the second factor, in form, Zero Gee purportedly was managed by an independent trustee. The failure of Bigelow Charter, Sun Federal, Loren and Bonnie Troescher, or Owen Charles to have any meaningful role in the management of the trust is evidence that the Zero Gee trust lacked economic substance. See Zmuda v. Commissioner, 79 T.C at 720-721. The evidence in these cases indicates that the trustees of Zero Gee performed no meaningful work for Zero Gee. The sparse evidence regarding the third factor indicates that the beneficiaries of Zero Gee received nothing more than a token payment for their participation or complicity in the trust scheme. Clearly, neither International Palm nor Universal Sun received an economic interest in Zero Gee. In spite of Zero Gee’s cumulative 3-year net income in excess of $1 million, International Palm and Universal Sun received nominal funds from Zero Gee (i.e., the majority of Zero Gee’s income was not distributed), and yet Zero Gee reported no tax on any of itsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011