Bull Holdings, a Trust, James R. Slagle & Russell Buchanan, Trustees - Page 6




                                        - 6 -                                         

                    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.                                                                   




Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011