Marvin L. Barmes and Barbara J. Barmes - Page 75




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          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,             






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