- 15 - When the settlor is a trustee and the beneficiaries are the settlor and his family, the trusts must be closely scrutinized for economic substance. See Markosian v. Commissioner, supra at 1245; see also Helvering v. Clifford, 309 U.S. 331, 334 (1940). We consider the following factors when deciding whether a trust lacks economic substance for tax purposes: (1) Whether the taxpayer's relationship as grantor to the property differed materially before and after the trust's formation; (2) whether the trust had an independent trustee; (3) whether an economic interest passed to other beneficiaries of the trust; and (4) whether the taxpayer felt bound by any restrictions imposed by the trust itself or by the law of trusts. See Markosian v. Commissioner, supra at 1243-1245; see also Buckmaster v. Commissioner, T.C. Memo. 1997-236. As to the first Markosian factor, the Muhichs' relationship to their property did not differ materially before and after the formation of the trusts. The Muhichs' personal residence was the address for all the trusts, and their personal use of their property was never restricted. As sole trustees and sole owners of the CBI's, the Muhichs could manipulate, distribute, or otherwise use trust property at their whim. In fact, the trust instruments gave them sole discretion to deal in trust property and make distributions.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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