Kevin D. Castro and Margarita C. Castro, et al. - Page 23




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          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 not               






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