Ranghild Elton, Kenneth Siebert, Trustee - Page 4




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          be liable for “any Income Taxes or penalties or interest on such            
          taxes, which may exist by virtue of the Incident, or by virtue of           
          the recission and the voiding of the * * * [trust agreement] ab             
          initio”.  The final judgment, entered during September 1999,                
          required Mr. Siebert to deliver to Steve Robertson all documents            
          bearing Ms. Elton’s signature and relating to Ms. Elton’s                   
          ownership of assets or accounts that had been subject to the                
          trust.                                                                      
               Ms. Elton and respondent have reached agreement with respect           
          to Ms. Elton’s 1996 Federal income tax liability.  Ms. Elton                
          seeks to be recognized as petitioner in lieu of Mr. Siebert and             
          to have her attorney, Steve Robertson, enter his appearance to              
          represent her interests.  In conjunction with Ms. Elton’s                   
          actions, respondent has moved to dismiss this case for lack of              
          jurisdiction as to Mr. Siebert and to change the caption to                 
          reflect Ranghild Elton as petitioner in her own right.                      
               The trustee, Mr. Siebert, opposes his dismissal or                     
          replacement as the party petitioner, contending that only he may            
          act as petitioner, in spite of the fact that the trust, of which            
          he was trustee when he filed the petition, has been voided ab               
          initio.  Ms. Elton, through her attorney, Mr. Robertson, has                
          executed an agreed decision and wishes to have the Court change             
          the caption so that the decision can be entered.  We also note              
          that Ms. Elton states that she has prepaid the agreed amount of             






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