- 22 - The absolute and unbridled discretion conferred on the Castros as trustees is confirmed by language in the CFT’s declaration of trust, which provided that “A Minute of Resolutions of THE BOARD of TRUSTEES authorizing what it is they determine to do or have done shall be evidence that such an act is within their power.” We have held on numerous occasions that such unbridled power gives taxpayer-trustees the same control over the property as they enjoyed before the formation of the trust. See, e.g., id. at 1241, 1244; Cooper v. Commissioner, T.C. Memo. 1981-369; Palmer v. Commissioner, T.C. Memo. 1981-354. Our analysis is supported by the inherent implausibility of petitioners’ position. It defies common sense that petitioner would grant the exclusive use of his lifetime services to the CFT for no remuneration and make an anticipatory transfer of any and all future earnings to the CFT. It defies common sense that the Castros would transfer practically all of their assets, including their home, furnishings, and business, to the trusts for practically nothing in return while retaining no control over the assets. See Buckmaster v. Commissioner, T.C. Memo. 1997-236. The Castros had the power to allocate all trust principal and income to themselves in derogation of any other beneficiaries. The record fails to show that anyone other than petitioner held units of beneficial interest in the trusts during the years at issue. On these facts, we conclude that petitioners have failed to prove that any economic interest passed to anyPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011