Homer L. Richardson - Page 41

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               The second factor investigates the presence of any bona fide           
          independent trustee over the entity in question.  A nominal                 
          trustee will not withstand scrutiny under this factor absent a              
          meaningful role in; i.e., an exercise of control over, the                  
          operation of the trust.  Gouveia v. Commissioner, T.C. Memo.                
          2004-256; Norton v. Commissioner, T.C. Memo. 2002-137; Castro v.            
          Commissioner, T.C. Memo. 2001-115.                                          
               With respect to HGAMC, which employed the term “director” as           
          opposed to “trustee”, Mr. Quay was initially named as such.                 
          Nonetheless, his brief, 6-day stint is devoid of meaning for                
          reasons akin to those discussed above in connection with his role           
          as creator.  In particular, his lack of even nominal signatory              
          authority over any of the financial accounts opened in the                  
          entity’s name belies any true oversight or control.  As regards             
          HGRCT, petitioners were from inception designated as the                    
          trustees, and no third party was named to the position.  The                
          facts thus reveal that petitioners were the sole individuals with           
          operational control over HGAMC and HGRCT, and that their                    
          discretion was unfettered by any independent trustee.                       
               The third factor looks at whether a genuine economic                   
          interest in the trust passed to any beneficiaries other than                
          petitioners.  The 100 units of beneficial interest in HGAMC were            
          divided between Mr. Richardson, Mrs. Richardson, and HGRCT.  The            
          100 units of beneficial interest in HGRCT were in turn held by              






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