-10- A trust may be a sham for Federal tax purposes if the grantor retains control over the property or income placed in the trust and does not change how the property or income is treated. United States v. Noske, 117 F.3d 1053, 1059 (8th Cir. 1997); Paulson v. Commissioner, 992 F.2d 789, 790 (8th Cir. 1993), affg. per curiam T.C. Memo. 1991-508. We generally do not recognize a trust for Federal tax purposes if the grantor keeps substantially unfettered powers of disposition or beneficial enjoyment of trust property. See United States v. Buttorff, 761 F.2d 1056, 1061 (5th Cir. 1985); Schulz v. Commissioner, 686 F.2d 490, 495 (7th Cir. 1982), affg. T.C. Memo. 1980-568; Vnuk v. Commissioner, 621 F.2d 1318, 1320 (8th Cir. 1980), affg. T.C. Memo. 1979-164. Petitioners dealt with the alleged trust property as if it were their own. They did not change how they conducted their real estate and Oxyfresh businesses. They opened a checking account for Prindle. However, they alone had signature authority over that account. There is no evidence that anyone other than Mr. and Mrs. Fox had any access to any property that Prindle may have had. Petitioners contend that Christopher Bates (Bates) was an independent trustee and that he controlled all aspects of Prindle. Petitioners contend that Mr. and Mrs. Fox did not have unfettered powers of disposition or beneficial enjoyment because they needed the concurrence of Bates for the Keyus Group (Keyus) (formerly known as the Joinder Group) to act with respect toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011