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2. Petitioner has filed the appropriate Form 56
in which James R. Slagle and Russell W. Buchanan have
identified themselves as trustees of the said trust and
attached as supporting documentation the Acceptance of
the Trust by the Trustee. These documents show that
each was appointed as a trustee of BULL HOLDINGS, A
Trust, and that each signed acknowledging their accep-
tance of said appointment.
3. Upon commencement of the examination, respon-
dent requested a copy of all documents relating to the
trust. Petitioner requested that respondent first
proves [sic] jurisdiction over a Pure Trust in order to
make such a request. Respondent has failed on all
requests to present to the petitioner any documents or
proof that respondent has authority to examine the
records or documentation of BULL HOLDINGS, A Trust.
Respondent is now using the Motion to Dismiss for Lack
of Jurisdiction in an effort to force petitioner to
hand over to respondent, records and documents it is
not entitled to have.
4. Respondent has recognized James R. Slagle as a
Trustee of BULL HOLDINGS, A Trust for many years.
Respondent routinely addresses all correspondence to
“BULL HOLDINGS, A Trust; James R. Slagle, Trustee”.
* * *
The Court held a hearing on respondent’s motion, at which
Mr. Slagle and Mr. Buchanan appeared on behalf of petitioner.2
Respondent introduced into evidence the 1994 return filed by
petitioner. Petitioner proffered no evidence, and the parties
presented no new arguments, at that hearing.
2At the hearing, the Court informed Mr. Slagle and Mr.
Buchanan that its allowing them to appear at the hearing as the
alleged trustees of petitioner did not mean that the Court agreed
that they in fact were petitioner’s duly appointed and authorized
trustees.
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Last modified: May 25, 2011