-20- b. Funding of the Super Trust Petitioner and members of the Gustafson family contributed liquid assets and stock in petitioner to the Super Trust. These assets were held in separate funds for each contributor. Petitioner transferred $3,677,911 to the Super Trust in fiscal year 1988 and $1,250,000 in fiscal year 1989. Petitioner accounted for these transfers on its books by reducing cash and retained earnings by the amounts of the transfers. Petitioner reported these transfers as nondeductible contributions from retained earnings on its Federal income tax returns. Petitioner received the net income from its fund but was not entitled to have its principal returned until the Super Trust was terminated. E.S. Gustafson had sole discretion to invade the principal of petitioner's fund in the Super Trust and to direct how to use it. c. Trust Income The Super Trust filed Forms 1041, U.S. Fiduciary Income Tax Return, for 1988 and 1989. It reported no taxable income for those years. Most of its income was from tax-exempt municipal bonds. Petitioner failed to report $35,285.08 of taxable income and $152,637.74 of tax-exempt municipal bond interest earned byPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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