- 44 - Norton v. Commissioner, supra; Lund v. Commissioner, T.C. Memo. 2000-334. This factor favors respondent. 2. McKenzie Trust The evidence on record with respect to Mr. Boatright’s influence and control over the McKenzie Trust is limited to the appearance of his signature on various trust documents, including the trust’s declaration and indenture, the checks drawn on the trust’s account, and the trust’s income tax returns. The record lacks any credible evidence that Mr. Boatright functioned as an independent trustee. Mr. Boatright did not testify at trial, and we conclude, based on his failure to do so, that his testimony would have been unfavorable to petitioners. Wichita Terminal Elevator Co. v. Commissioner, 6 T.C. at 1165; Christal v. Commissioner, T.C. Memo. 1998-255. It is apparent from the record that petitioner controlled the operation of the McKenzie Trust. Pursuant to the General Agreement, the McKenzie Trust granted petitioner broad managerial powers over the trust, which he exercised by controlling the day- to-day operation of the automobile restoration business. In fact, no one other than petitioner performed any work for the McKenzie Trust, and all of the income earned by the trust was attributable to his expertise. Therefore, we find that no independent trustee had any meaningful role in operating the McKenzie Trust. See Zmuda v.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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