Harlan D. Edwards and Floors by Harlan, Jody Edwards, Trustee - Page 10

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          III. Is Floors Trust Disregarded for Federal Income Tax                     
               Purposes?                                                              
               Respondent contends that Floors Trust lacks economic                   
          substance and should therefore be disregarded for Federal income            
          tax purposes.  Petitioners assert that Floors Trust should be               
          recognized as a valid entity for Federal income tax purposes.               
          For the reasons discussed below, we agree with respondent.                  
          Accordingly, the income received by Floors Trust is taxable to              
          Harlan.                                                                     
               It is well established that taxpayers have a right to                  
          minimize their taxes by structuring their transactions in any               
          legally permissible manner.  Gregory v. Helvering, 293 U.S. 465,            
          469 (1935).  However, transactions that lack any significant                
          economic purpose other than to avoid taxes will not be recognized           
          for Federal income tax purposes, see Zmuda v. Commissioner, 79              
          T.C. 714, 720 (1982), affd. 731 F.2d 1417 (9th Cir. 1984), and we           
          will look beyond the form of such transactions and apply the tax            
          law in accordance with the substance of these transactions, see             
          Markosian v. Commissioner, 73 T.C. 1235 (1980); Furman v.                   
          Commissioner, 45 T.C. 360 (1966), affd. per curiam 381 F.2d 22              
          (5th Cir. 1967).                                                            
               We have considered the following factors in deciding whether           
          a purported trust lacks economic substance and should, therefore,           
          be disregarded as an invalid entity for Federal income tax                  
          purposes:  (1) Whether the relationship of the grantor to the               





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