- 4 - 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 ofPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011