Neil J. Christal, II & Kathryn E. Christal - Page 14

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          prevent Mr. Christal from using United Sovereigns' property for             
          his own purposes.                                                           
               As to the third factor, we find no probative evidence in the           
          record to indicate that petitioners transferred an economic                 
          interest to a third party.  Based on our review of the record, we           
          are satisfied that petitioners are the beneficiaries of United              
          Sovereigns.                                                                 
               As to the fourth factor, we find that Mr. Christal was not             
          in practice bound by any restrictions imposed by United                     
          Sovereigns' trust instrument or the law of trusts as to the use             
          of the transferred property.  His unrestricted use of United                
          Sovereigns' property leads us to believe that Mr. Christal was              
          not in fact restricted in any meaningful manner, including                  
          fiduciary restraints.                                                       
               Additionally, petitioners presented no credible evidence               
          that any purpose other than tax avoidance was served by the                 
          entity to which Mr. Christal transferred his business activities.           
          From the foregoing, we conclude there was no nontax purpose for             
          the creation of United Sovereigns, and in accordance with                   
          Markosian v. Commissioner, supra, and the numerous opinions                 
          relying thereon, we conclude that United Sovereigns lacked                  
          economic substance for Federal tax purposes.  Accordingly, we               
          hold that the trust structure of United Sovereigns shall not be             







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