- 45 - Section 301.7701-4(a), Proced. & Admin. Regs., provides that, in general, the term "trust", as used in the Internal Revenue Code, refers to an arrangement created by will or by inter vivos declaration whereby a trustee takes title to property for the purpose of protecting or conserving it for beneficial owners under the ordinary rules applied in chancery or probate courts. Under the case law, for Federal income tax purposes a relationship generally is classified as a trust if it is "clothed with the characteristics of a trust"--a standard that tends to be more inclusive than a technical trust under State law. United States v. De Bonchamps, 278 F.2d 127, 133 (9th Cir. 1960); Hart v. Commissioner, 54 F.2d 848, 850-851 (1st Cir. 1932), revg. in part 21 B.T.A. 1001 (1930); Weil v. United States, 148 Ct. Cl. 681, 180 F. Supp. 407, 411 (1960). No particular words are necessary to create an express trust; its existence may be inferred from the pertinent facts and circumstances. Portland Cremation Association v. Commissioner, supra at 846; Broadcast Measurement Bureau, Inc. v. Commissioner, 16 T.C. 988, 997 (1951). For State law purposes, an express private trust arises where a trustee acquires legal title to specific property (the trust property or res) subject to enforceable equitable rights in a beneficiary. 1 Restatement, Trusts 2d, sec. 2 (1959); Bogert, The Law of Trusts and Trustees, sec. 1, at 1-2 (2d ed. 1984).Page: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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