- 26 - check to a third party. See United States v. Allen, 551 F.2d 208, 212 (8th Cir. 1977). Respondent determined that petitioner provided personal real estate marketing services to Krismon Buttes for which $70,000 was paid and that this $70,000 was taxable to petitioner. Petitioner testified that marketing services were provided to Krismon Buttes but denied providing them in her own name, stating they were provided through Speck. Respondent sought to attribute all the income of Speck to petitioner. Petitioner, however, introduced no evidence that Speck was an independent taxable entity rather than a sham, assignee, or grantor trust as contended by respondent. Where a sham transaction has no economic effect, it will not be recognized for tax purposes. Zmuda v. Commissioner, 731 F.2d 1417, 1421 (9th Cir. 1984) (citing Thompson v. Commissioner, 631 F.2d 642, 646 (9th Cir. 1980), affg. 66 T.C. 1024 (1976)), affg. 79 T.C. 714 (1982). The address for Speck on National Land Bank’s 1999 Form 1065, Schedule K-1, was the same as petitioner’s: 20 N. Gilbert Road, Gilbert, Arizona 85234. On National Land Bank’s amended 1999 Form 1065, the address for Speck on the attached Form 1065, Schedule K-1 was changed to 5804 W. Vista Drive, #347, Glendale, Arizona 85301. Changing Speck’s address on the Form 1065, Schedule K-1 attached to National Land Bank’s 1999 amended FormPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011