Virginia A. Fox, et al. - Page 3




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                                  FINDINGS OF FACT                                    
               Some facts have been stipulated and are so found.  The                 
          stipulated facts and exhibits submitted therewith are                       
          incorporated herein by this reference.  Petitioners are husband             
          and wife who resided during the relevant years in the State of              
          Washington without a separate property agreement.  They filed a             
          joint 1994 Federal income tax return on November 19, 1996.                  
          Neither of them filed a 1995 Federal personal income tax return.            
               Mr. Fox is a college graduate who worked in the U.S.                   
          military for 20 years.  He also completed some graduate work in             
          business administration including a course in taxation.  He and             
          Ms. Fox worked during the subject years as distributors for                 
          Oxyfresh, Inc. (Oxyfresh), a wholesaler of health care products.            
          In that capacity, they sold Oxyfresh products and recruited and             
          trained individuals to do the same.                                         
               Petitioners created the Prindle Trust in 1991 and have                 
          continued to manage and operate the Prindle Trust in the same               
          manner throughout its existence.  Petitioners were the Prindle              
          Trust’s managing agents, trustees, and beneficiaries.  They also            
          controlled its bank account.  In Prindle Intl. Mktg., UBO v.                
          Commissioner, T.C. Memo. 1998-164, affd. without published                  
          opinion 229 F.3d 1157 (9th Cir. 2000), we decided (and the Court            
          of Appeals for the Ninth Circuit agreed) that the Prindle Trust             
          was without economic substance and was formed for tax avoidance.            






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