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On June 20, 2000, Mr. Chisum executed a document purporting
to serve as a “memorial writing” of the replacement of Hamilton
Arizona with Mr. Chisum. The document refers to Hamilton Arizona
as “Hamilton & Baxter, LLC”, and was signed by Mr. Chisum and
Donna Chisum as the “members” of that LLC. However, the articles
of organization of Hamilton Arizona state that the organization’s
name is “Hamilton & Baxter, L.C.” (emphasis added), not LLC; the
articles also state that the organization’s “Members and
Management” were Mr. Chisum and “Represent-Tour, L.C.”, not Mr.
Chisum and Donna Chisum.
The petition was signed by Mr. Chisum on February 27, 1998,
above the title “Managing Agent for Trustee”. The caption Mr.
Chisum placed on the petition identified the “Petitioner” as
“UNIVERSAL TRUST 06-15-90". Neither the caption nor the body of
the petition identified petitioner’s trustee.
Shortly after the petition was filed, the Court on its own
motion changed the caption of the case at hand to the following:
“Universal Trust 06-15-90, Four WS TT01, Trustee, Petitioner v.
Commissioner”. Mr. Chisum did not object to this identification
of Four WS TT01 as petitioner’s trustee, either when the Court
changed the caption or at any later time.
Mr. Chisum submitted many other documents to the Court after
the petition was filed; he signed these documents above the
typewritten names “Four WS TT01, Trustee” or “Agent for Trustee”.
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Last modified: May 25, 2011