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Business trusts, on the other hand, often involve trusts created by beneficiaries as a device to carry on a profit- making business and thus do not involve a trust created by a settlor to simply protect or conserve property for beneficiaries (Treas.
The presence of a business purpose gives trusts their "business trust" moniker and often is the most important of the two tests because it is not possible for a trust to have "associates" when the trust does not also have a business purpose.
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344 (1935) and its three companion cases, Swanson v.
In these cases, the issue becomes whether the business activities are merely "incidental and necessary" to the declared liquidation purpose or are rather dominant to that purpose.
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The tax regulations define an environmental remediation trust as one created for the primary purpose of collecting and disbursing amounts for environmental remediation of an existing waste site in order to address the potential liability of persons with a reasonable expectation of liability under state or federal law and those persons are the only contributors to the trust (Treas.
As with liquidating trusts, if the initial remediation purpose becomes later obscured by business or investment purposes, the trust will "become" a business trust.
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