Textron Inc. and Subsidiary Companies - Page 19




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               Section 677(a) treats as an owner of a trust a grantor who             
          retains certain rights to income from the trust.  Section 671               
          provides that the deemed owner of the trust, rather than the                
          trust, is currently taxed on the trust’s income.  The grantor is            
          considered the owner of the trust or of a portion of the trust              
          “if he has retained any interest which might, without the                   
          approval or consent of an adverse party, enable him to have the             
          income from that portion distributed to him at some time either             
          actually or constructively”.  Sec. 1.677(a)-1(c), Income Tax                
          Regs.  An “adverse party” is one who has a substantial beneficial           
          interest in the trust which would be adversely affected by the              
          exercise or nonexercise of the power that he, she, or it                    
          possesses respecting the trust.  Sec. 672(a).                               
               Pursuant to section 677(a), Textron is considered to be the            
          grantor of a grantor trust; to wit, the voting trust.  Textron              
          was entitled, subject to the exercise of the trustee’s                      
          discretion, to payments of income from the voting trust equal to            
          the amounts of cash dividends distributed to the trust by Avdel.            
          Textron also was entitled to payments from the voting trust of              
          any money or property received through any other distributions by           
          Avdel to the trust.  Textron also was the only holder of a                  
          beneficial interest in either the income or the corpus of the               
          voting trust.  Given the additional fact that the trustee, the              
          only other person associated with the trust, was not an “adverse            






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Last modified: May 25, 2011