- 16 - administered. There, we held that the lawsuit primarily7 involved claims related to the trust's administration, rather than title, and thus a deduction under section 212 was allowed. See Moore Trust v. Commissioner, supra. In the Estate of Barnhart case, the underlying lawsuit involved nine specific claims which can be grouped into two general sets of claims. Under the first set of claims, the plaintiffs charged the taxpayer with waste and mismanagement of the trust, seeking to have her removed as trustee and have the wasted assets restored. The second set of claims alleged that the taxpayer lacked the power to appoint beneficiaries of the trust by will, and that the plaintiffs, as heirs at law, were entitled to the corpus upon the death of the taxpayer. The validity of the trust and the taxpayer's right to receive all the income therefrom were unchallenged. As the taxpayer was elderly and without descendants, we concluded that her principal purpose in challenging the plaintiffs’ assertion of remainder rights was to preclude their challenge to her continued administration of the trust.8 Therefore, we held that, because the suit was principally related to the trust's management and not its title 7Although we no longer use the primary-purpose test, application of the origin-of-the-claim test in that case would not have materially changed our decision. See Moore Trust v. Commissioner, 49 T.C. 430, 443-446 (1968) (Tannenwald, J., concurring). 8See supra note 7.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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