- 38 - Commissioner, supra at 1243. In considering this factor, we look to the economic realities of the arrangement to ascertain the true grantor of the trust, regardless of who is named as grantor in the declaration of trust. Zmuda v. Commissioner, supra at 720-721; Stern v. Commissioner, 77 T.C. 614, 647 (1981); Buckmaster v. Commissioner, supra. 1. Pago Trust Although Mr. Jeter was the nominal grantor, petitioner clearly initiated the establishment of the Pago Trust. Petitioner solicited Mr. Jeter’s assistance in signing the trust documents, aware of the fact that Mr. Jeter had no prior experience with trusts, and chose Mr. Norton to serve as trustee. At petitioner’s direction, Mr. Jeter appointed Mr. Norton to act as the trustee, having previously met Mr. Norton only once. Mr. Jeter testified that he understood that once he signed the trust documents and appointed a trustee, he would play no role in the management or operation of the trust. According to Mr. Jeter, he was “helping out a friend”, and since he knew nothing about trusts, he simply followed petitioner’s orders. Further, Mr. Jeter knew nothing about the Pago Trust’s business, except that the trust was “some form of a tax shelter”. In addition, only petitioner contributed property to the trust, and the installment note, promissory notes, and the Prado Road property were the only assets held by the Pago Trust untilPage: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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