- 16 - Commissioner, supra; Norton v. Commissioner, supra. Accordingly, on this record, we find that Harlan was not in practice bound by any restrictions imposed by Floors Trust or the law of trusts. E. Conclusion Petitioners claim on brief that Floors Trust was created to benefit the designated beneficiaries and to ensure that Jody would be the only child who would benefit directly from the flooring business. However, the available evidence of distributions shows that Harlan, not Jody, was the beneficiary of the trust’s distributions, undermining their claim regarding the purpose of forming the trust. Cf. Gouveia v. Commissioner, T.C. Memo. 2004-256 (claim that trust was created as protection from business liabilities not supported by evidence). After considering the four factors articulated in Markosian v. Commissioner, supra at 1243-1244, all of which favor respondent, we find, on the basis of a preponderance of the evidence, that Floors Trust lacked economic substance and should be disregarded for Federal income tax purposes. We therefore hold for respondent on this issue.9 Accordingly, the net income of Floors Trust is properly taxable to Harlan. 9 In light of our holding, we need not address respondent’s alternative contentions that Floors Trust’s income is taxable to Harlan under the grantor trust rules or the assignment of income doctrine. Additionally, since we have held that Floors Trust is a nullity for Federal income tax purposes, we do not sustain respondent’s determination that Floors Trust is liable for an accuracy-related penalty pursuant to sec. 6662.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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