- 13 - Savings for the purpose of deferring the reporting of the guaranteed tuition as income until the students passed the bar. He contends that he deposited $50,000 of refundable tuition from the guaranteed course offered during 1990 into the World Savings account to be held in trust for the guaranteed students until they took the bar examination. Petitioner has attempted to explain his failure to deposit the purported trust property, i.e., the $30,000 in tuition from the winter 1992 guaranteed course, into the alleged trust account. He contends that because he had previously deposited $50,000 into the World Savings account and did not withdraw the money to pay refunds to failing students in the previous year, there was sufficient money in the account to cover tuition refunds for the winter 1992 courses. Petitioner argues that it was unnecessary for him to deposit the $30,000 in tuition from the winter 1992 guaranteed course into the alleged trust account. There was some confusion at trial as to which parties, petitioner or the guaranteed students, were the settlors and beneficiaries of the alleged trust. Petitioner argues that both he and the guaranteed students are the settlors. Under California law, a trust is created only if the settlor manifests an intention to create a trust. Cal. Prob. Code sec. 15201. Petitioner contends that he intended to create a trust. Petitioner's intention, as the trustee or a beneficiary (if thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011