James D. and Rita K. Snyder - Page 21




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               Vercio v. Commissioner, 73 T.C. 1246, 1253 (1980); see                 
               also Schulz v. Commissioner, 686 F.2d 490, 493 (7th                    
               Cir. 1982), affg. T.C. Memo. 1980-568.  The "true                      
               earner" of income is the person or entity who                          
               controlled the earning of such income, rather than the                 
               person or entity who received the income.  See Vercio                  
               v. Commissioner, supra at 1253 (citing Wesenberg v.                    
               Commissioner, 69 T.C. 1005, 1010 (1978)); see also                     
               Commissioner v. Sunnen, 333 U.S. at 604 ("The crucial                  
               question remains whether the assignor retains                          
               sufficient power and control over the assigned property                
               or over receipt of the income to make it reasonable to                 
               treat him as the recipient of the income for tax                       
               purposes.").  * * *                                                    
          Pursuant to a second fundamental principle, we may ignore a                 
          transfer in trust as a sham where the transfer has not, in fact,            
          altered any cognizable economic relationship between the putative           
          transferor and the trust property.  See, e.g., Zmuda v.                     
          Commissioner, 79 T.C. 714, 719-722 (1982), affd. 731 F.2d 1417              
          (9th Cir. 1984).  Recently, in Muhich v. Commissioner, T.C. Memo.           
          1999-192, affd. 238 F.3d 860 (7th Cir. 2001), we listed the                 
          following factors to be considered in determining whether a trust           
          lacks economic substance for tax purposes:                                  
               (1) Whether the taxpayer’s relationship as grantor to                  
               the property differed materially before and after the                  
               trust’s formation; (2) whether the trust had an                        
               independent trustee; (3) whether an economic interest                  
               passed to other beneficiaries of the trust; and                        
               (4) whether the taxpayer felt bound by any restrictions                
               imposed by the trust itself or by the law of trusts.                   
               * * *                                                                  

                    3.  Grantor Trust Provisions                                      









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