- 75 - items of income and deduction reported by petitioners in that return. Consequently, respondent relied on the indirect method of reconstructing petitioners’ 1995 Schedule C gross receipts described above. See, e.g., supra note 34. We have found that method and the results generated by that method to be reasonable. The only question that remains for our consideration is whether the unreported Schedule C gross receipts determined by respondent in the notice are taxable to petitioners. On the record before us, we find that they are. As discussed above, respondent advances three alternative theories or principles in support of respondent’s determination that petitioners had unreported Schedule C gross receipts for 1995: (1) The assignment of income theory; (2) sham trust principles; and (3) the grantor trust rules. We shall address only the assignment of income theory because that theory resolves against petitioners the issue of whether they are taxable on the unreported Schedule C gross receipts that respondent determined in the notice. As we understand their position regarding the unreported Schedule C gross receipts at issue, petitioners contend that the income which Barbara’s Gift Shop and Barmes Wholesale generated after Sandbar Wholesale Trust was created on October 12, 1995, is income that Sandbar Wholesale Trust earned, and not income that petitioners earned. That is because, according to petitioners,Page: Previous 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 Next
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