- 5 -- 5 - On June 15, 1990, Donna L. Chisum as “Settlor” and Four WS TT01 as “First Trustee” executed a document (the original indenture)6 purporting to create “Universal Trust 06-15-90” (i.e., petitioner). The original indenture stated that petitioner was a “COMMON LAW BUSINESS TRUST ORGANIZATION, also known as a CONTRACTUAL COMPANY * * * with certain assets to be administered by the Trustee for capital Unit Holders represented by Certificates in accordance with the inalienable Common Law rights afforded to man.” Notwithstanding this language purporting to create a trust, the original indenture also stated that “It is expressly declared that an Unincorporated Business Organization by Contract is hereby created and not a trust agreement by gift, or a partnership, or a company, or a corporation, or a joint venture, or any entity of statutory nature”. (Emphasis added.) The original indenture further stated that petitioner “shall be originally domiciled in and shall be interpreted and construed under the Constitution of the United States and the laws of the State of NEVADA.” Other documents also dated June 15, 1990, show that all 100 “capital units” in petitioner that could be issued were issued on that date to Mr. Johnston and Ms. Ghavami. These documents state 6 We use the term “indenture” for convenience and not to suggest that petitioner should be recognized as a trust for State law or Federal income tax purposes.Page: 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