Homer L. Richardson - Page 32

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          respondent with respect to the adjustments related to the income            
          tax deficiencies and concomitant unreported income at issue here.           
          The burden of showing error in these determinations by respondent           
          remains with petitioners.11                                                 
               B.  Economic Substance of the Trusts                                   
               Respondent’s principal basis for concluding that petitioners           
          are liable for deficiencies was that HGAMC and HGRCT were sham              
          entities with no economic substance and, consequently, should be            
          disregarded for Federal tax purposes.  As a result, all income              
          earned and allowable expenses incurred under the names of HGAMC             
          and HGRCT would be reported on petitioners’ personal income tax             
          returns.  Petitioners dispute these sham characterizations.  They           
          argue that HGAMC was a legitimate business trust under the laws             
          of Ohio created to operate the new business of selling and                  
          servicing Aegis trusts.  It is likewise their position that HGRCT           
          was a proper nonexempt charitable trust treated as a private                
          foundation under section 4947(a)(1).                                        
               The overarching principles that guide analysis of trust                
          legitimacy are of long provenance.  As summarized by this Court             
          in oft-cited language:                                                      
                    It is well established that a taxpayer has the                    
               legal right to minimize his taxes or avoid them totally                

               11 The parties’ respective burdens as to issues concerning             
          penalties, the statute of limitations, and spousal relief, will             
          be discussed infra in connection with the Court’s analysis of               
          those matters.                                                              




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