- 5 - Mr. Clay managed and controlled the trust, its assets, and all relevant files relating thereto. He alone (1) assumed responsibility for investment decisions, (2) made distributions to petitioner, (3) maintained the trust books and records, and (4) prepared and filed tax returns and supporting documentation. He prepared annual accountings of the trust’s finances on behalf of the cotrustees (depicting distributions from the trust as well as assets contained in the trust). As of spring 1993, Mr. Clay had fallen a few years behind in preparing these accountings because most of the trust assets consisted of unimproved land near Springfield Mall, which was tied up in condemnation proceedings. Mr. Clay believed that petitioner was too young to comprehend the substantial inheritance she had received. He took the position that only after petitioner became older would she appreciate the size and type of assets inherited and be in a position to properly manage her inheritance. Consequently, Mr. Clay provided petitioner with minimal information regarding her inheritance: he did not prepare any statements detailing the size or composition of the trust assets, the income generated by the trust, or the amounts of distributions or expenditures of funds that were made on her behalf. Because of Mr. Clay’s philosophy, petitioner was clueless as to the size and type of the trust assets. Petitioner was aware only that the trust assets included real estate, which she believedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011