- 18 - The Haneys’ Relationship to the Property of the Trust Petitioners argue in their opening brief: It is only the economic substance of AMC Trust, and Oliver & Company Charitable Remainder Trust, that need be evaluated. * * * * * * * Prior to the creation of AMC Trust, Mr. and Mrs. Haney, as shareholders of the Subchapter S corporation, J&J Commercial Services, Inc., enjoyed full and unrestricted use of all the business assets and income produced by the operation of Asphalt Maintenance Company. After the creation of AMC Trust, Mr. and Mrs. Haney continued to have full and unrestricted use only of the assets simultaneously placed in the grantor trusts. Their personal residence was placed in one grantor trust, and its upkeep was paid for by Mr. and Mrs. Haney’s personal assets and income, not by property of AMC Trust. Their personal vehicles were placed in another grantor trust, and again, upkeep was paid for from personal sources, not AMC Trust. Business machinery and equipment was placed in a grantor trust and was leased to AMC Trust for payment. Maintenance of the equipment was, per the terms of the lease, the responsibility of the lessee. Land acquired by Mrs. Haney was placed in Jopah Trust and leased to AMC Trust for payment. In both cases, these leases were reasonable and rational uses for property controlled by Mr. and Mrs. Haney, but beyond the right to receive rent, their ownership interest in the subject property through the grantor trusts does not imply or convey any greater control over other revenues of Asphalt Maintenance Company or AMC Trust. [Exhibit refs. omitted.] On the other hand, respondent argues: The Haneys simply operated AMC in the exact same manner as they conducted operations as J&J. They retained substantial control of the business activity and the bank accounts.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011