Larry J. and Anita L. Lundgren - Page 12

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          taxpayer respected the restrictions placed on the trust’s                   
          operation as set forth in the trust documents; i.e., whether the            
          taxpayer felt bound by any trust restrictions or the law of                 
          trusts.  See, e.g., Markosian v. Commissioner, supra at 1243-               
          1244; Muhich v. Commissioner, supra.  As discussed below, each of           
          these factors supports a conclusion that Lucky Kirt Trust did not           
          have any economic substance.                                                
               A.   Raymond Roemer’s Relationship to Lucky Kirt Trust                 
               There is no indication that Raymond Roemer’s relationship to           
          the land he transferred to Lucky Kirt Trust before or after the             
          formation of the trust differed in any material way.  Petitioners           
          did not provide any evidence of any material change in Raymond              
          Roemer’s relationship to the land after the trust’s formation.              
          The transfer of land to the trust failed to alter “any cognizable           
          economic relationship” between Mr. Roemer and the property                  
          transferred.  See Markosian v. Commissioner, supra at 1241.                 
          Petitioners did not provide the trust agreement or any evidence             
          to the contrary.  Consequently, it is apparent that Raymond                 
          Roemer retained his same relationship to the property after the             
          transfer that he had before the transfer.                                   
               B.   Independence of Lucky Kirt Trust Trustee                          
               Petitioners have failed to establish that the trustee was              
          actually independent of Lucky Kirt Trust.  Mr. Chisum, as the               
          Prudent Man Trustee, claimed to be the original trustee for the             
          trust.  Then, he claimed that Hall and Strong was the trustee               




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