- 11 - ascertain whether a purported trust lacks economic substance for Federal income tax purposes. These factors include: (1) Whether the taxpayer's relationship, as grantor, to the property differed materially before and after the trust's formation; (2) whether the trust had an independent trustee; (3) whether an economic interest passed to other beneficiaries of the trust; and (4) whether the taxpayer felt bound by any restrictions imposed by the trust itself or the law of trusts. Zmuda v. Commissioner, 79 T.C. 714, 720-722 (1982), affd. 731 F.2d 1417 (9th Cir. 1984); Markosian v. Commissioner, supra at 1243-1245; Hanson v. Commissioner, T.C. Memo. 1981-675. Our analysis of each of these factors supports our conclusion. With respect to the first factor, we look to the economic reality of a purported arrangement to determine who actually is the settlor of a trust, whether or not named as settlor in the related documents. Zmuda v. Commissioner, supra at 720. Although the documents at hand list Cache as the settlor of Ideal Management, the fact of the matter is that Cache acted merely as a "straw man" to form Ideal Management. See United States v. Scott, 37 F.3d at 1570. We find that petitioner paid a $2,500 fee to transfer his assets to Ideal Management, and that Ideal Management's only assets during 1992 were petitioner's transferred assets including, possibly, the residence. We find that petitioner used all of these properties as his own both before and after the transfer; i.e., he used his tools and vehicles to generate large revenues, and he and Webb lived in thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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