Steve M. and Khristine Norton, et al. - Page 19




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          acted merely as intermediaries which passed the economic                    
          interests from the trusts ultimately to Mr. and Mrs. Norton and             
          their family.                                                               
               D.   Did the Taxpayer Feel Bound by Any Restrictions Imposed           
                    by the Trust Itself or the Law of Trusts?                         
               We find that, in practice, Mr. Norton was not bound by any             
          restrictions imposed by the trust instruments or the law of                 
          trusts as to the use of transferred property.  Although Mr.                 
          Norton claimed that he needed Mr. Owens’ permission on large                
          projects, Mr. Owens testified that he did not forbid Mr. Norton             
          from doing any activity, but merely gave advice.  Mr. Norton,               
          therefore, was able to use the property as he desired.  Mr.                 
          Norton’s unrestricted use of the property of the trusts                     
          demonstrates that Mr. Norton was not, in fact, restricted in any            
          meaningful manner.                                                          
               Additionally, petitioners presented no credible evidence               
          that any purpose other than tax avoidance was served by the                 
          trusts to which Mr. Norton transferred his assets.  Although Mr.            
          and Mrs. Norton argue that the main purpose of the trusts was to            
          protect their assets, we find it implausible that they would                
          relinquish control over a substantial amount of their income to a           
          foreign trust and trustee with whom they and Mr. Owens had no               
          contact if their true purpose was to protect these assets.                  
               We conclude that the South Denali Lands Trust and the Denali           
          Company Trust lacked economic substance for Federal tax purposes.           





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