Deschutes Road Trust, Robert Hogue, Trustee - Page 11




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          trustee.  Significantly, Deschutes made no attempt to explain the           
          patent discrepancies in the two purported trust documents--                 
          particularly the change in identity of the trust “creator” and              
          the change in identity of the trustees.  We note further that               
          although 1994 version of the trust instrument required a minimum            
          of two trustees, the 1997 version required only one trustee.                
               As if the foregoing were not sufficiently confusing, yet               
          another purported settlor of Deschutes Road, a Robin Morgan, is             
          identified in “First Minutes” received by respondent from Robert            
          Hogue.  Other “Minutes”, described supra G. of the Background               
          section of this opinion, muddle the matter further.                         
               In the absence of any persuasive basis for concluding that             
          Robert Hogue was duly appointed as the trustee of Deschutes Road,           
          we shall dismiss this case for lack of jurisdiction consistent              
          with respondent’s motion, as supplemented.  See Bella Vista                 
          Chiropractic Trust v. Commissioner, T.C. Memo. 2003-8.                      
               All of the arguments and contentions that have not been                
          analyzed herein have been considered, but they do not require any           
          further discussion.                                                         
               In order to give effect to the foregoing,                              


                                             An appropriate order will be             
                                        entered.                                      








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