- 49 - take all the language quoted above at face value. On brief they take the position that, unlike the portion of the VSC contract price allocable to the PLRF, the portions of the contract price allocable to Fees and Premium "were not received by the issuing Dealership in trust," notwithstanding the express language in the Administrator Agreement to the contrary. They offer no explanation for this apparent inconsistency. If we look beyond the language to the function and actual effect of the agreements as well as to the conduct of the parties, we find no support for petitioners' interpretation. (1) The Reserves Could Not Have Been Collected From the Purchaser in Trust Under the VSC, Because the Rights of the Purchaser Under the VSC Did Not Relate to Any Specific Trust Property A trust is a relationship in which rights are created with respect to the specific property transferred by the settlor to the trustee. Thus, under the preneed funeral arrangement in Angelus Funeral Home v. Commissioner, 47 T.C. 391 (1967), and the arrangement for prepaid legal fees in Miele v. Commissioner, 72 T.C. 284 (1979), each of the taxpayer’s customers acquired exclusive rights in a trust fund corresponding to the amount he paid to the taxpayer. Even though, for reasons of administrative convenience, each customer’s payment was not physically segregated, it was credited to a separate account and entitled the customer to have an equivalent amount of assets in the trust fund used exclusively for his benefit. The individual paymentPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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