Universal Trust 06-15-90 - Page 11

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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