- 9 - affg. per curiam T.C. Memo. 1969-48; Clark v. Commissioner, 266 F.2d 698, 708-709 (9th Cir. 1959), affg. in part and remanding in part T.C. Memo. 1957-129; Tokarski v. Commissioner, 87 T.C. 74, 77 (1986); see also Hawkins v. Commissioner, T.C. Memo. 1993-517, affd. without published opinion 66 F.3d 325 (6th Cir. 1995). The Court of Appeals' opinion in United States v. Scott, supra, is most helpful to us in understanding the form, substance, and operation of Ideal Management. The opinion describes in detail how the trusts were marketed as a device for a purchaser to eliminate his or her income tax liability without losing control of his or her money and other assets. Like the trust at hand, the trusts in Scott were generally structured so that it would appear that the trust income was distributed to foreign trust beneficiaries, which then redistributed the income to other foreign trust beneficiaries that were outside the reach of the U.S. taxing arm. Id. at 1570. Other relevant characteristics of the trusts examined in United States v. Scott, supra, include that: (1) The purchasers transferred their property, including houses, into trust; (2) the trusts claimed depreciation deductions for the property; (3) the trusts were reported to the Commissioner as simple trusts; (4) Mr. Yung was a trustee;Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011