- 13 - OPINION I. Is Income Reported by the South Denali Lands Trust and Denali Company Trust Includable in the Gross Income of Mr. and Mrs. Norton? Petitioners have the burden of proving that they are not liable for the deficiencies determined by respondent. Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933).6 Petitioners argue that the trust documents provide a sufficient description of the trust and the trustees’ duties, and they are, therefore, legally enforceable because the form cannot be ignored. Petitioners contend that Mr. and Mrs. Norton had an established business purpose for altering the form of SNE from a sole proprietorship to a trust in order to protect their assets from a decline in the economy. Additionally, petitioners argue that the trusts pass the economic substance test because, in petitioners’ view, the trusts have an independent trustee; Mr. Norton’s relationship to the property differed materially after trust formation; an economic interest passed to the beneficiaries; and Mr. and Mrs. Norton honored the restrictions imposed by the trusts. 6 Cf. sec. 7491 is effective for court proceedings arising in connection with examinations commencing after July 22, 1998. Respondent contends that sec. 7491 is inapplicable because the examinations commenced before July 22, 1998. Petitioners do not contend that their examinations began after this date or that sec. 7491 is applicable to their case.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011