AMC Trust, J.O. Haney, Jr., J.O. Haney, III and Patricia A. Haney Trustees, et al. - Page 18

                                       - 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.                                                         






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