- 26 - appropriate inquiry in deciding issues of capitalization is "the duration and extent of any benefits that * * * [the taxpayer] received * * * [from its expenditures]". Connecticut Mut. Life Ins. Co. & Consol. Subs. v. Commissioner, 106 T.C. 445, 453 (1996). Petitioner's RIC's were primarily organized as separate series within Massachusetts business trusts.10 A Massachusetts business trust, like any corporation organized under State law, has perpetual existence. Also, the series of a trust all have perpetual existence. Each RIC has a separate management contract with petitioner that must be separately approved by the trustees and the shareholders of each RIC. No RIC managed by petitioner has ever exercised its right of termination or otherwise failed to renew a management contract with petitioner. As a general matter, a mutual fund board of trustees will terminate or fail to renew a management contract only in rare circumstances involving fraud or continued mismanagement. As the RIC's founder, petitioner expects to be awarded the initial contract to manage the new fund, as well as the annual renewals of that contract for as long as the RIC exists. Here, petitioner's expectation was in fact realized. The contract between petitioner and the new RIC generally provides fund management services in exchange for remuneration. Both 10Two of the RIC's created during the years in issue involved the creation of new Massachusetts business trusts.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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