- 20 - Trust accounts. Petitioner and his wife had signatory authority over both Dollar Savings and Trust accounts. We find that the $8,800 was earned by petitioner and then funneled through the various accounts as part of petitioner’s overall plan to conceal income. Once we view through the layers of nominee accounts through which the funds were channeled, petitioner remained in control of the funds. B. Royalty Income A fundamental principle of income tax law is that economic substance prevails over form. See Gregory v. Helvering, 293 U.S. 465 (1935). “When the form of the transaction has not, in fact, altered any cognizable economic relationships, we will look through that form and apply the tax law according to the substance of the transaction.” Zmuda v. Commissioner, 79 T.C. 714, 720 (1982), affd. 731 F.2d 1417 (9th Cir. 1984). This rule applies regardless of whether the entity has a separate existence recognized under State law and whether, in form, it is a trust, a common-law business trust, or some other form of jural entity. See id. We find the various transactions which purported to result in a transfer of petitioner’s interest in the 5501 and 5955 properties and his royalty interest in those properties to be without economic substance. Petitioner always remained inPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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