- 6 - Nothing in the record indicates that petitioner’s grandchild owned any portion of the funds in the account. Instead, the record clearly establishes that petitioner had full control over the bank account. Copies of her bank statements show that petitioner routinely withdrew funds for personal expenditures. The facts of this case establish that the income from the plan was payable to petitioner and was paid to an account to which she directed payment and over which she exercised complete control. Petitioner’s reliance on the alleged mistaken advice of her tax preparer also has no bearing on her tax liability. Such reliance might be relevant if respondent had determined penalties or additions to tax. See, e.g., Freytag v. Commissioner, 89 T.C. 849, 888 (1987), affd. 904 F.2d 1011 (5th Cir. 1990), affd. 501 U.S. 868 (1991); Dyckman v. Commissioner, T.C. Memo. 1999-79. But no penalties or additions to tax are in issue here. Petitioner is responsible for the deficiency in tax even though she relied on erroneous advice. See United States v. Boyle, 469 3(...continued) establish an irrevocable trust during the lifetime of the depositor. It is a tentative trust merely, revocable at will, until the depositor dies or completes the gift in his lifetime by some unequivocal act or declaration, such as delivery of the pass book or notice to the beneficiary. In case the depositor dies before the beneficiary without revocation, or some decisive act or declaration of disaffirmance, the presumption arises that an absolute trust was created as to the balance on hand at the death of the depositor.” * * *Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011