CIM Trust - Page 7




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          transaction and of reporting for tax purposes was done by the               
          Morrows’ tax preparer.                                                      
                                       OPINION                                        
               Respondent’s position is that the trust lacks economic                 
          substance and should be disregarded for Federal income tax                  
          purposes.  Respondent maintains that the Morrows created a mere             
          paper entity, the trust, and transferred the business operations            
          of their sole proprietorship, I.D.F. Pest Control Co., to the               
          trust for the purpose of avoiding self-employment tax under                 
          section 1402.                                                               
               Petitioners argue that the trust should be treated as a                
          separate entity because:  (1) The trust is a valid trust under              
          State law; (2) a business may lawfully change from one form of              
          entity to another, provided that the legal requirements are met;            
          and (3) the trustee of the trust may operate a sole                         
          proprietorship business within the trust entity.  Petitioners               
          claim that the income and expenses of I.D.F. Pest Control Co.               
          were properly reported for Federal income tax purposes, because             
          the net income from the trust was reported as an income                     
          distribution on a Schedule K-1 to Charlotte Morrow and                      
          accordingly was reflected on the Morrows’ Schedule E of their               
          jointly filed Federal individual income tax return.                         
               Taxpayers are entitled to structure their transactions to              
          minimize their tax obligations.  Gregory v. Helvering, 293 U.S.             






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Last modified: May 25, 2011