- 19 - transferred property differed materially before and after the trust’s creation; (2) whether the trust had an independent trustee; (3) whether an economic interest passed to other trust beneficiaries; and (4) whether the taxpayer respected the restrictions placed on the trust’s operation as set forth in the trust documents. See, e.g., Muhich v. Commissioner, supra. As discussed below, each of these factors supports a conclusion that Mercury Solar PTO had no economic substance. A. Sparkman's Relationship to the Mercury Solar Business For about 10 years, Sparkman operated his Mercury Solar business as a sole proprietorship. In 1993, he purported to transfer the business to HEH; about a year later, HEH purported to transfer it to Mercury Solar PTO. Insofar as the record reveals, the business remained the same, apparently doing business under the same name (Mercury Solar) as it always had, relying on Sparkman’s technical expertise.19 As far as the record reveals, Sparkman’s relationship to the Mercury Solar business did not differ materially before and after these purported transfers to HEH and Mercury Solar PTO. As sole 19 In fact, Mercury Solar PTO does not even have its own solar contractor’s license but instead uses Sparkman’s license. As Sparkman testified in the trial of Richter v. Commissioner, T.C. Memo. 2002-90: I’m the one with the technical expertise [at Mercury Solar PTO] and the license. In fact, Mercury Solar uses my [solar contractor’s] license.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011