Thomas B. Goldsby, Jr. and Sandra C. Goldsby - Page 10

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          income beneficiary.  He was able to, was required to, and did               
          vest the income of the trust in himself.  Petitioner as trustee             
          was required to cause the trust periodically to pay him (as                 
          income beneficiary) the entire net income of the trust.                     
          Petitioner, as trustee, owed fiduciary duties with respect to the           
          income only to himself, the sole income beneficiary.                        
               Accordingly, we conclude that petitioner has the sole power            
          to vest the trust’s income in himself and is treated as the owner           
          of the income portion of the trust.4                                        
               B.   Petitioner Is Not the Owner of the Trust Corpus Despite           
                    the Undistributed Net Income                                      
               Petitioners argue that they are also the owners of the trust           
          corpus, or at least a portion of it, because petitioner left                
          undistributed net income with the other trust assets and it                 
          became commingled with the trust corpus.  Accordingly, they                 
          reason, they are entitled to the deduction for the charitable               
          contribution no matter the source of the charitable contribution.           
          We disagree.                                                                
               There are several fundamental problems with petitioners’               
          argument regarding ownership of the trust corpus.  An examination           
          of the trust agreement indicates that the settlor did not intend            
          petitioner to have any rights with respect to the corpus, other             

               4The unique circumstances require a finding that petitioner            
          should be treated as the owner of the trust’s income portion.  We           
          note, and petitioners acknowledge on brief, that this finding               
          does not apply in every situation involving a simple trust.                 





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