Larry J. and Anita L. Lundgren - Page 11

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          tax implications.  See Gregory v. Helvering, 293 U.S. 465, 469              
          (1935); Markosian v. Commissioner, 73 T.C. 1235, 1241 (1980).               
          However, where the creation of a trust lacks economic effect and            
          has no other cognizable economic relationship, we may ignore the            
          trust as a sham.  See, e.g., Zmuda v. Commissioner, 79 T.C. 714             
          (1982), affd. 731 F.2d 1417, 1421 (9th Cir. 1984); Markosian v.             
          Commissioner, supra; Muhich v. Commissioner, T.C. Memo. 1999-192,           
          affd. 238 F.2d 860 (7th Cir. 2001).                                         
               A fundamental principle of tax law is that income is taxed             
          to the person who earns it.  See Commissioner v. Culbertson, 337            
          U.S. 733, 739-740 (1949); Lucas v. Earl, 281 U.S. 111, 114-115              
          (1930).  A taxpayer cannot avoid income taxation by assigning               
          income which a taxpayer controlled to a trust, thereby                      
          effectively shifting the burden of tax.  Vnuk v. Commissioner,              
          621 F.2d 1318, 1320 (8th Cir. 1980), affg. T.C. Memo. 1979-164.             
          Petitioners, by assigning income from their farming operations,             
          have attempted to shift their income to Lucky Kirt Trust.                   
               The Court looks behind the trust and will disregard the                
          trust if it lacks economic substance and was created for tax                
          avoidance purposes.  To determine whether a trust has economic              
          substance, we consider these factors:  (1) Whether the taxpayer-            
          grantor’s relationship to the transferred property differed                 
          materially before and after the trust’s creation; (2) whether the           
          trust had an independent trustee; (3) whether an economic                   
          interest passed to other trust beneficiaries; and (4) whether the           




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