- 49 - implausibility of the trust arrangement and petitioners’ failure to provide any legitimate reason for creating the trusts. At trial, petitioner asserted that he chose the trust form to conduct his businesses so that he would earn the income without incurring any liability. However, petitioner was unable to articulate any liability issues that could potentially arise in the course of his businesses, which undermines petitioner’s claim that asset protection was a consideration in forming the trusts. On the other hand, petitioner testified that he did not expect that the McKenzie Trust’s automobile restoration business would be profitable. We find petitioner’s testimony to be completely self-serving, often contradictory, and lacking in credibility. Petitioners further contend that petitioner formed the Pago Trust to obtain foreign financing while maintaining an interest in the property. However, the record is devoid of any credible evidence that the Brookes Group ever transferred any funds to the Pago Trust. To the contrary, the Pago Trust borrowed funds from a variety of domestic sources in order to purchase and develop the Cross Street property. Petitioner was not aware of the Brookes Group’s having ever fulfilled its commitment to provide funds to the Pago Trust and could not explain why the Pago Trust continued to wire funds overseas to the Brookes Group.Page: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
Last modified: May 25, 2011