Robert M. Temple - Page 20




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          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 in                  








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