- -10 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011