- 14 - able to realize this gain without selling all or part of his interest in the trust. If the trustee had arranged for petitioner to distribute dividends so that the funds could then be distributed by the trust to Mohney, he would likely have been acting in violation of his legal obligations. As a practical matter, Mohney could not have compelled Newlands to distribute trust income to him, for Mohney had no power to discharge Newlands. If Newlands retired, he would select his own successor. In the absence of any basis for doubting the independence and integrity of the trustee, we are unwilling to assume that Mohney expected him to act in derogation of his duties. The implications of respondent’s argument seem therefore to be at variance from the facts. The payments that Mohney claims to have expected to receive as compensation for his services and which he ultimately received in 1988 and 1991 differed materially from the returns he received on his investment through the trust. Respondent points out that petitioner paid Deja Vu for consulting work during the years at issue, and that Mohney was employed by Deja Vu. Therefore, if Mohney did sell his services to petitioner, those services were likely to have been fully compensated through Deja Vu’s regular billings. According to the uncontradicted testimony of Krontz, who served as both petitioner’s manager and the president of Deja Vu, the consulting work that Deja Vu performed for petitioner did notPage: 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