Wills, Trusts & Estates Prof Blog

Editor: Gerry W. Beyer
Texas Tech Univ. School of Law

Thursday, March 27, 2014

Aragona Trust Decision


The U.S. Tax Court recently released its decision in the Aragona Trust case.

The court held that: 

  1. A trust can qualify for the IRC § 469(c)(7) exception;
  2. A trust is capable of performing personal services within the meaning of IRC § 469(c)(7);
  3. Services performed by individual trustees on behalf of the trust may be considered personal services performed by the trust; and
  4. The Aragona Trust materially participated in real-property trades or businesses. 

Special thanks to Jim Hillhouse (Professional Legal Marketing (PLM, Inc.)) for bringing this article to my attention.


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