Frank W. George - Page 16




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               The Courts generally will 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. 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; 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, 1320-1321 (8th Cir. 1980), affg.                
          T.C. Memo. 1979-164.  Petitioner dealt with the alleged trust                
          property as if it were his own.  He continued to live in the                 
          Scottsdale residence.  He did not change how he conducted his                
          medical practice.  He controlled Arivada’s checking account, kept            
          the checkbook, and wrote the checks on the account.  There is no             
          evidence that Chisum wrote or signed any checks on the account.              
               Petitioner contends that Chisum controlled Arivada and                  
          managed the financial aspects of petitioner’s medical practice               
          during the years in issue.  We disagree.  Petitioner’s and                   
          Chisum’s testimony was evasive and vague.  We need not accept                
          self-serving testimony if we find it to be unworthy of belief,               
          Geiger v. Commissioner, 440 F.2d 688, 689-690 (9th Cir. 1971),               
          affg. per curiam T.C. Memo. 1969-159; Tokarski v. Commissioner,              
          87 T.C. 74, 77 (1986).  Petitioner offered no documentary                    
          evidence showing that Chisum provided services to Arivada.                   






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