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 47

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               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.                                                        








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