Harlan D. Edwards and Floors by Harlan, Jody Edwards, Trustee - Page 16

                                       - 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

Last modified: May 25, 2011