- 32 - 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.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
Last modified: May 25, 2011