Ray W. and Marilyn S. Sowards - Page 26

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          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 the                






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