- 47 - On these facts, we conclude that petitioners have failed to prove that any economic interest passed to any other beneficiaries. See id.; Castro v. Commissioner, supra. This factor weighs against petitioners. D. Restrictions Imposed by the Trusts or the Law of Trusts The fourth factor we consider is whether the Gouveias honored restrictions imposed by the trusts or by the law of trusts. Markosian v. Commissioner, supra at 1244. 1. Pago Trust The terms of the trust granted dominion and control over the administration of the trust to Mr. Norton. However, the broad authority granted to petitioner under the maintenance and manager agreements imposed few, if any, restrictions on petitioner’s management of the Pago Trust. Petitioner, rather than Mr. Norton, made all decisions regarding the trust’s assets without having consulted with or having sought approval from the trustee. Moreover, petitioner had the absolute discretion to withdraw management fees from the trust and was not restricted in any meaningful way by the trustee or the terms of the trust. Accordingly, we find that petitioners were not bound by any restrictions imposed by the trust or the law of trusts. See id.; Norton v. Commissioner, T.C. Memo. 2002-137. This factor weighs against petitioners.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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