Arvid E. Jackson - Page 10

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                  Section 1001(e)(2)(A) provides that a "term interest in                                 
            property" includes a life interest in property.  Because                                      
            petitioner has a life interest in the trust, she has a "term                                  
            interest in property".                                                                        
                 Section 267(b)(1) provides that a "related person" includes                             
            members of an individual's family.  Section 267(c)(4) provides                                
            that the family of an individual includes his lineal descendants.                             
            Because Laura and Ted are lineal descendants of petitioner, they                              
            are "related persons" with respect to petitioner for purposes of                              
            section 167(e).                                                                               
                  Section 267(b)(6) provides that "related persons" include a                             
            fiduciary of a trust and a beneficiary of such trust.  Section                                
            7701(a)(6) provides that a trustee is a fiduciary.  As a trustee                              
            of the trust, petitioner is a fiduciary of the trust.  As the                                 
            holder of a remainder interest in the trust, Caroline is a                                    
            beneficiary of the trust.  Because petitioner is a fiduciary of                               
            the trust and Caroline is a beneficiary of the trust, they are                                
            "related persons" for purposes of section 167(e).                                             
                  Because petitioner holds a term interest in the trust and                               
            all of the remainder interests in the trust are held by related                               
            persons, it is clear that section 167(e) applies to disallow the                              
            amortization deductions claimed by petitioner if section 273 is                               
            not applicable to the facts here present.                                                     
                 Since we have held that section 273 is applicable to the                                
            facts here, we will not discuss section 167(e) other than in the                              




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