MatrixInfoSys Trust - Page 8




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          to the trust is taxable income to petitioner.  At trial,                    
          respondent orally renewed his motion that the Court impose a                
          section 6673 penalty on petitioner.                                         
                                       OPINION                                        
               A fundamental principle of tax law is that income is taxed             
          to the person who earns it.  See Commissioner v. Culbertson, 337            
          U.S. 733, 739-740 (1949); Lucas v. Earl, 281 U.S. 111, 114-115              
          (1930); Johnston v. Commissioner, T.C. Memo. 2000-315.  An                  
          assignment of income to a trust is ineffective to shift the tax             
          burden from the taxpayer to a trust when the taxpayer controls              
          the earning of the income. See Vnuk v. Commissioner, 621 F.2d               
          1318, 1320 (8th Cir. 1980), affg. T.C. Memo. 1979-164.                      
               The Commissioner is not required to apply the tax laws in              
          accordance with the form a taxpayer employs where that form is a            
          sham or inconsistent with economic reality.  See Diedrich v.                
          Commissioner, 457 U.S. 191, 195 (1982); Higgins v. Smith, 308               
          U.S. 473, 477 (1940).  Where an entity is created that has no               
          real economic effect and which affects no cognizable economic               
          relationships, the substance of a transaction involving this                
          entity will control over the form.  See Zmuda v. Commissioner,              
          731 F.2d 1417, 1420-1421 (9th Cir. 1984), affg. 79 T.C. 714, 719            
          (1982); Markosian v. Commissioner, 73 T.C. 1235, 1241 (1980).               
          These principles apply even though an entity may have been                  
          properly formed and have a separate existence under applicable              






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