- 40 - 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 McKenziePage: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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