- 26 - excess of the STL transfers to WPA’s bank account in 1996 and 1997 in the respective amounts of $21,774 and $8,277 also constitute additional, unreported taxable income to petitioners. We also disagree with petitioners’ claim that WPA was a valid trust. Even if a trust were legally created under State law, we are not required to respect it as a separate entity for Federal tax purposes. Markosian v. Commissioner, 73 T.C. 1235, 1245 (1980). Whether a trust is a sham entity lacking in economic substance is a question of fact. United States v. Cumberland Pub. Serv. Co., 338 U.S. 451, 454 (1950); Paulson v. Commissioner, 992 F.2d 789, 790 (8th Cir. 1993), affg. T.C. Memo. 1991-508. The record clearly demonstrates that WPA engaged in no business or charitable activities during the relevant period. Mr. Sowards generally used WPA only as a receptacle into which he deposited income received from STL and out of which moneys flowed for his personal use. In deciding whether a purported trust lacks economic substance, we consider the following factors: (1) Whether the taxpayer's relationship, as grantor, to property purportedly transferred into trust differed materially before and after the trust's formation; (2) whether the trust had a bona fide independent trustee; (3) whether an economic interest in the trust passed to trust beneficiaries other than the grantor; and (4) whether the taxpayer honored restrictions imposed by thePage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011