CGF Industries, Inc. and Subsidiaries - Page 42




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               The close identity of funds moving from petitioners to the             
          Family Trusts and in turn to the CGF and Lincoln Partnerships,19            
          coupled with the close proximity in time in which this occurred,            
          suggests that the distribution amounts were intended all along to           
          be used in the joint investment transactions.  We are hard                  
          pressed to believe that the Family Trusts would have agreed to              
          engage in such transactions without having first received                   
          petitioners' distributions shortly before acquiring their                   
          remainder interests.                                                        
               Likewise, in Gordon v. Commissioner, supra, there was not              
          complete identity in the amounts transferred to the trust and the           
          amount subsequently invested by the trust in the remainder                  
          interest.  For example, in one of the tax years at issue,                   
          Dr. Gordon deposited at least $78,141 in the trust's savings                
          account, and the trust subsequently withdrew $47,592 to purchase            
          a remainder interest in tax-exempt bonds, while in the next year,           
          Dr. Gordon deposited at least $58,100 in its savings account, and           
          the trust withdrew $97,853 to buy its remainder interest.  We               
          were satisfied, however, that "the trust appears to have been               
          funded for little purpose other than to participate with Dr. Gor-           
          don in the implementation of his bond acquisition strategy, a               
          fact that further indicates that Dr. Gordon should be treated as            
          the true purchaser of the whole bonds."  Id. at 329.                        


               19If the after-tax proceeds of the distributions are                   
          compared with the amounts used to purchase the remainder                    
          interests, the numbers should align even more closely.                      

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