Allen O. Zachman and Bernadette Zachman - Page 3




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         incorporated by this reference.  Petitioners resided in Rogers,              
         Minnesota, when they filed their petition.                                   
              For more than 46 years, petitioners have owned and operated             
         a 235-acre dairy farm.  Petitioner husband also sells parts and              
         silo loaders.                                                                
              Prior to 1983, petitioners’ farm assets, personal property,             
         and real property were held in various trusts, including North               
         Curve and Orange Run trusts, promoted by Lowell Anderson.2  In               
         1983, upon the advice and recommendation of James Noske and Norb             
         Stelton, whom they had just met in a doctor’s office, petitioners            
         decided to transfer their assets into new “business trusts.”  On             
         November 9, 1983, petitioners executed a bill of sale whereby for            
         stated consideration of “One dollar and other good and valuable              
         consideration”, they purported to transfer to Oak Hill their farm            
         equipment and livestock.  On the same day, in their capacities as            
         trustees for the North Curve and Orange Run trusts, petitioners              
         purportedly conveyed and quitclaimed their interests in the farm             
         real estate to Pleasant Acres Co. (Pleasant Acres).                          



               2 On Feb. 24, 1983, Lowell Anderson was indicted by a                  
          Federal grand jury in Wyoming for conspiring to defraud the                 
          United States by selling common-law trusts which were used to               
          evade Federal income taxes.  See United States v. Tranakos, 911             
          F.2d 1422, 1424 (10th Cir. 1990).  Petitioners were issued a                
          subpoena to testify before the grand jury regarding matters                 
          involving Lowell Anderson, but they were ultimately excused from            
          testifying.  Lowell Anderson died while the criminal proceedings            
          were pending.  See id.                                                      





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