AMC Trust, J.O. Haney, Jr., J.O. Haney, III and Patricia A. Haney Trustees, et al. - Page 15

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               Petitioners bear the burden of proof in these cases, and it            
          has not shifted under section 7491(a).  Petitioners did not                 
          present credible evidence that the trusts had economic substance,           
          and the credibility of the evidence that they did produce was               
          undermined by their implausible claims.  Petitioners did not                
          cooperate with respondent’s examination; in fact, they obstructed           
          the examination by refusing to produce documents or answer                  
          questions until J.O. and Joey were found in contempt by the                 
          District Court.  Sec. 7491(a)(2)(B).                                        
               The most implausible of petitioners’ claims is the Haneys’             
          assertion that the multiple trusts that they established, with              
          the effect of their reporting minimal tax liability on                      
          substantial profits of the asphalt business, were not tax-                  
          motivated.  Petitioners contend that the trusts were established            
          for “asset protection” purposes.  They have never explained,                
          however, how the multiple trusts gave them more protection                  
          against potential but unnamed creditors than that provided by the           
          corporate form in which the asphalt business was operating from             
          1980 through 1996.  We are not persuaded that the vague term                
          “asset protection” contemplates any creditors other than the U.S.           
          Treasury.                                                                   
               The Haneys reported significant income tax liability on                
          their 1994 return, filed in October 1995.  The next year they met           
          with Dahlstrom.  Attached to their 1996 return was a frivolous              






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