Allen O. Zachman and Bernadette Zachman - Page 8




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         manager of Oak Hill.  Ellering owned a bowling alley; he knew                
         nothing about dairy farming.5                                                
              Petitioners had no official titles or offices in Oak Hill,              
         Armageddon, or Parnell.  Initially, petitioners received all 100             
         trust shares in Oak Hill and Pleasant Acres.  On December 21,                
         1983, petitioners surrendered their original 100 shares in Oak               
         Hill, each receiving 20 new shares.  The remaining 60 shares                 
         purportedly were transferred to BBCA, Inc. (BBCA), an                        
         organization purporting to be a church.6  The president of BBCA              
         was Joan Noske.                                                              
              During the years at issue, petitioners’ day-to-day farming              
         operation, including the parts business, was run by petitioners              
         and their sons Gerard and Ryan, who received no wages for their              
         labors.  All the gross receipts from petitioners’ farming                    


               5 In September 1995, Ellering was convicted by a jury in the           
          U.S. District Court for the District of Minnesota of conspiracy             
          to defraud the United States by impeding the Internal Revenue               
          Service.  His conviction was based on his participation with                
          James and Joan Noske and Imelda Spaeth in a scheme to assist                
          clients of the Noskes, who sought to reduce or avoid Federal                
          income taxes, form business trusts that named Armageddon and                
          Parnell as trustees.                                                        
               After Ellering’s criminal conviction, petitioners’ son                 
          Gerard became president of Armageddon and Parnell.                          

               6 The minutes of a special meeting of the Oak Hill trustees,           
          dated Dec. 21, 1983, and signed by Inman and Foshaug, recite that           
          these transfers were made upon application of the petitioners and           
          were unanimously approved by the trustees.                                  






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