Barjona S. Meek and Roberta Meek - Page 6

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               We determine property rights of the parties under State law            
          (in this case, California, see supra p. 3) in order to provide              
          the foundation for deciding the Federal tax consequences thereof.           
          Helvering v. Stuart, 317 U.S. 154, 162 (1942); Estate of Heim v.            
          Commissioner, 914 F.2d 1322, 1327 (9th Cir. 1990), affg. T.C.               
          Memo. 1988-433; see also United States v. Irvine, 511 U.S.    ,             
          114 S. Ct. 1473, 1481 (1994).  We apply California law as                   
          announced by the Supreme Court of California, or, if there is no            
          decision by that highest court, we apply what we conclude that              
          court would decide, giving proper regard to the decisions of                
          other courts of the State.  Commissioner v. Estate of Bosch, 387            
          U.S. 456, 465 (1967).3                                                      
               Petitioners argue that the trust document did not validly              
          create the trust because of the absence of Schedule A and that              
          therefore the trust fails for lack of trust property.  Proceeding           
          from this conclusion, petitioners argue that, by virtue of the              
          purchase agreement, McCormick and Furman acquired the property as           
          individuals and then, by virtue of their signatures on the trust            
          document and their designation as trustees in the purchase                  
          agreement, constituted themselves trustees for the Meek                     
          beneficiaries and consequently they, and not Meek, were the                 
          settlors.                                                                   


          3 See also Estate of McKay v. Commissioner, T.C. Memo. 1994-362.            




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