Kevin D. Castro and Margarita C. Castro, et al. - Page 18




                                       - 18 -                                         
          into trust.  They did not rent or lease the home or furnishings             
          from the CFT.  Their relationship to these assets did not differ            
          materially before and after the formation of the CFT.                       
               The jewelry business was operated in much the same manner              
          both before and after the CCJT was created.  The jewelry business           
          and its attendant activities continued under the same name, in              
          the same office space, and with the same equipment.  Petitioner             
          continued to make the daily operating decisions and to manage the           
          jewelry business, including overseeing employees, jewelry repair            
          and design, and sales.9  Petitioner argued that business                    
          changes–-more employee training with weekly meetings and feedback           
          sessions--were implemented after the CCJT was created, thereby              
          changing petitioners’ relationship to the property.  We disagree.           
          The identified changes may have had the effect of improving the             
          effectiveness of employees, but they had no material impact on              
          the nature and structure of the business.                                   
               The Castros’ use of the trust property before and after the            
          transfers was not materially different.  This factor weighs                 
          against petitioners.  See id. at 1243-1244; Muhich v.                       
          Commissioner, supra; Buckmaster v. Commissioner, T.C. Memo. 1997-           
          236; Hanson v. Commissioner, T.C. Memo. 1981-675, affd. 696 F.2d            
          1232 (9th Cir. 1983).                                                       
               B.  Independent Trustee                                                
               The second factor we consider in determining whether a trust           

               9Mrs. Castro also continued to provide bookkeeping services            
          and customer service just as she had before the CCJT was created.           





Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011