- 24 - accept it. See Tokarski v. Commissioner, supra at 77; Peterman v. Commissioner, supra. After considering the four factors articulated in Markosian v. Commissioner, 73 T.C. at 1243-1244, we have no doubt that the trusts in question lacked economic substance and must be disregarded for Federal income tax purposes. See also George v. Commissioner, T.C. Memo. 1999-381. We hold for respondent on this issue.12 Because the parties agree that, if we disregard the trusts for Federal income tax purposes, the net income from the jewelry business is taxable to petitioner and not to the trusts, we hold accordingly. III. Self-Employment Tax Respondent contends that the net income from the jewelry business qualifies as net earnings derived by petitioner from the jewelry business that he carried on during the years at issue and that, therefore, petitioner is liable for self-employment taxes on that income. See sec. 1401. The Castros disagree, arguing only that the jewelry business was carried on by the CCJT and not by petitioner. The Castros asserted no argument with respect to the net earnings of the jewelry business in the event we held that the trusts should be disregarded for Federal income tax purposes. 12In light of our holding, we need not address respondent’s alternative arguments that the jewelry business’ income should be allocated to the Castros under the doctrine of assignment of income or the grantor trust rules.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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