Allen O. Zachman and Bernadette Zachman - Page 14




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         further that she did not really view the trust as being separate             
         from herself.9                                                               
              The record does not establish that Parnell and Armageddon               
         were independent trustees or that they performed any significant             
         duties or exercised any significant control or power over the                
         farm or parts businesses.  Contrary to the terms of Article IV,              
         Section 3, of the Declaration of Trust, Parnell and Armageddon               
         did not have “absolute and exclusive power and control over the              
         management and conduct of the business”.  Petitioners concede                
         that Inman and Foshaug were strangers to Oak Hill and were                   
         nothing more than figurehead presidents of the corporate                     
         trustees, merely signing documents, often blank or incomplete, at            
         the instigation of the Noskes.  The use of strangers as signers              
         of organizational documents and the absence of any meaningful                
         role by nominal trustees in the operation of the trust are                   
         evidence that the purported trust lacks economic substance.  See             
         Para Techs. Trust v. Commissioner, T.C. Memo. 1994-366, affd.                
         without published opinion sub nom. Anderson v. Commissioner, 106             
         F.3d 406 (9th Cir. 1997), and cases cited therein.                           



               9 Petitioners argue that petitioner husband curtailed his              
          involvement in the farm and parts businesses after 1985 because             
          of health problems.  Any such curtailment of petitioner husband’s           
          activities, however, cannot credibly be attributed to the                   
          existence of Oak Hill, allegedly created 2 years previously.  In            
          any event, petitioner husband continued to serve a managerial and           
          supervisory role in the farm’s operation even after 1985.                   





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