Ruby Jean Stevens - Page 16




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          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.                                                     




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