Tarragon Trust - Page 8




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               Tarragon did not file a U.S. Fiduciary Income Tax Return,              
          Form 1041, for 1995 and 1996.7  However, for those years,                   
          Tarragon received a Schedule K-1, Beneficiary’s Share of Income,            
          Deductions, Credits, etc., from BHC Trust, another “business                
          trust organization” whose purported trust instrument was the work           
          of Zola Sheehan.  The Schedule K-1 for 1996 reflects a loss in              
          the amount of $13,078.  Paul and Rosaria Jablonski attached this            
          Schedule K-1 to their Federal income tax return for 1996 and used           
          the loss on the Schedule K-1 to offset their other income.8                 
               The parties agree that the law of the Commonwealth of                  
          Virginia controls with regard to the validity of the trusts                 
          described herein.                                                           
          Discussion                                                                  
               According to respondent, petitioner failed to show that Paul           
          Jablonski was petitioner's duly appointed trustee or that he                
          otherwise had the capacity to commence this action unilaterally             
          on petitioner’s behalf.  Respondent asserts that, as a result, no           
          valid petition was filed and that we must dismiss the petition              
          for lack of jurisdiction.  We agree.                                        





               7  Indeed, Tarragon did not file an income tax return from             
          its inception through 1999.                                                 
               8  The record does not include the Schedule K-1 for 1995 or            
          the Jablonskis’ return for that year.                                       





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