- 17 - The combination of these factors and the apparent lack of any substantive trust purpose other than tax avoidance compels a finding that Lucky Kirt Trust shall be disregarded for Federal income tax purposes. See Markosian v. Commissioner, 73 T.C. at 1244-1245. Therefore, petitioners will be taxed on the income attributed to Lucky Kirt Trust. See sec. 61(a). IV. Self-Employment Tax Section 1401 imposes, in addition to other taxes, a tax on the self-employment income of every individual. Subject to exclusions not applicable in the instant case, “self-employment income” refers to the “net earnings from self-employment derived by an individual”. Sec. 1402(b). Section 1402(a) defines “net earnings from self-employment” as “the gross income derived by an individual from any trade or business carried on by such individual, less the [claimed] deductions [in the year in issue] allowed by this subtitle which are attributable to such trade or business”. The burden of proof to show that respondent’s determination was in error remains with petitioners. They offered no evidence and advanced no arguments with respect to liability for self- employment taxes. The burden does not shift to respondent under section 7491. Petitioners farmed the land held in the Lucky Kirt Trust and assigned their income from farming activities to the trust. Because we have determined that Lucky Kirt Trust is a sham trust,Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011