James D. and Rita K. Snyder - Page 23




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          application of the assignment of income doctrine to tax to                  
          petitioners at least the trust’s income derived from their                  
          personal services and (2) his disregard of the trust as a sham,             
          which would tax all of the trust’s income to petitioners.                   
          Petitioners have failed to introduce into evidence any indenture            
          or other document establishing the terms of Complete Connections            
          Trust, nor have they obtained the testimony of Kevin Richards,              
          who is described on two of the Complete Connections Trust returns           
          as either fiduciary or trustee.  Petitioners were made aware of             
          the need for the trust documents during the examination of their            
          returns for the years in issue, and such documents were requested           
          during discovery.  They have not demonstrated (nor would we                 
          easily believe) that they lacked access to such documents, nor              
          have they shown that Mr. Richards is unavailable to testify.  We            
          infer from petitioners’ failure to produce such evidence that               
          either it does not exist or, if it does exist, it would be                  
          negative to petitioners.  McKay v. Commissioner, 886 F.2d 1237,             
          1238 (9th Cir. 1989), affg. 89 T.C. 1063 (1987); Wichita Terminal           
          Elevator Co. v. Commissioner, 6 T.C. 1158, 1165 (1946), affd. 162           
          F.2d 513 (10th Cir. 1947).  If petitioners retained sufficient              
          power and control over Complete Connections’ receipt of income,             
          then such income would be taxable to them.  See Barmes v.                   
          Commissioner, supra.  Petitioners have failed to prove that they            
          retained any less power and control over Complete Connections’              






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