Kevin D. Castro and Margarita C. Castro, et al. - Page 24




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          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.                                          





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