- 23 - other beneficiaries. See Markosian v. Commissioner, supra at 1244. This factor weighs against petitioners. D. Restrictions Imposed by the Trusts or by the Law of Trusts The fourth factor we consider is whether the Castros honored restrictions imposed by the trusts or by the law of trusts. See id. at 1244. The Castros contend that tax avoidance was not their primary motivation and that they felt a fiduciary duty to the trusts and the beneficiaries. We disagree. The Castros’ unrestricted use of the assets transferred to the CFT and the CCJT for nominal, if any, consideration indicates that the Castros, as trustees, were not restricted in any economically substantive way. See Buckmaster v. Commissioner, supra; Hanson v. Commissioner, T.C. Memo. 1981-675. Moreover, the authority granted to the Castros as trustees of the trusts was so broad that very few restrictions, if any, were actually imposed on the Castros by the trust structure. This factor weighs against petitioners. E. Conclusion Petitioner testified at trial that the Castros intended to limit their liability, protect their assets from creditors, avoid probate, and ensure their financial privacy by creating the trust structure and denied that tax factors had any impact on their decision. This testimony was not credible, particularly when the declarations of trust and the facts and circumstances surrounding the establishment of the trusts are considered, and we do notPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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