Greg William Gouveia, a.k.a. Greg W. Gouveia, a.k.a. Greg Gouveia & Carol Ann Gorveia, a.k.a. Carol Gouveia, et al. - Page 40

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          the Prado Road property in the form of management fees and                  
          distributions from the trust.                                               
               Comparing the situations before and after the creation of              
          the Pago Trust, the only discernible differences in petitioner’s            
          relationship to the Prado Road property and to his real estate              
          investment activities were that he used the Pago Trust’s bank               
          account to deposit income and pay expenses generated by the                 
          rental properties, and petitioner received profits from the                 
          rental property in the form of “management fees” and income                 
          distributions.  Petitioner admitted at trial that the only                  
          difference between the managerial duties he performed as the                
          owner of the Prado Road property and the duties he performed                
          under the maintenance agreement was that he was responsible for             
          getting the work done, he could not procrastinate, and he kept              
          better business records.  These differences hardly rise to the              
          level of being material.                                                    
               We find that the Gouveias’ relationship to the trust                   
          property before and after its transfer to the Pago Trust was not            
          materially different.  See Norton v. Commissioner, supra; Lund v.           
          Commissioner, T.C. Memo. 2000-334.  This factor favors                      
          respondent.                                                                 
                    2.   McKenzie Trust                                               
               With respect to the McKenzie Trust, we likewise conclude               
          that Mr. Hartmann was merely a straw man in forming the McKenzie            






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