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Marcus Has Been Determined to Be a Grantor Trust by the IRS

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Essay

Marcus has been determined to be a grantor trust by the IRS. Your partner explains that this probably happened because the donor of the trust assets retained excessive powers over the operation of the trust or the use of its assets and income. To what powers is your partner referring?

Analyze the implications of corporate financial instruments such as debentures and mortgage bonds.
Understand the doctrine of corporate opportunity and its impact on fiduciary duties.
Appreciate the role of shareholder agreements in protecting the interests of minority shareholders.
Discuss the nature of corporate litigation based on directors’ actions and shareholder rights.

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