Marvin L. Barmes and Barbara J. Barmes - Page 13




                                       - 13 -                                         
          Rule 104(c)(1), (3).                                                        
               In the instant case, respondent alleged the following in               
          paragraph 7 of respondent’s answer:                                         
                    (a)  On October 12, 1995, Marvin L. Barmes and                    
               Barbara J. Barmes established what purport to be “pure                 
               trusts” into which they, on or about October 12, 1995,                 
               purportedly transferred title to all their personal                    
               property, including their ownership interests in Marvin                
               L. and Barbara J. Barmes, PTR, d/b/a Barbara’s Gift                    
               Shop, and d/b/a Barmes Wholesale.  The purported trusts                
               are known as the Sandbar Real Estate Trust and the                     
               Sandbar Wholesale Trust.                                               
                    (b)  On October 18, 1995, Marvin L. Barmes and                    
               Barbara J. Barmes purportedly transferred title to                     
               three parcels of real estate to the Sandbar Real Estate                
               Trust.  These three parcels of real estate comprise all                
               of the known real estate holdings of Marvin L. Barmes                  
               and Barbara J. Barmes, including their personal resi-                  
               dence and the business location of Barbara’s Gift Shop                 
               and Barmes Wholesale located at 114 and 120 Main Street                
               in Vincennes, Indiana.                                                 
                    (c)  Marvin L. Barmes and Barbara J. Barmes re-                   
               ceived no consideration in exchange for the purported                  
               transfer of property to the Sandbar Real Estate Trust                  
               and the Sandbar Wholesale Trust described in subpara-                  
               graphs (a) and (b), above.                                             
                    (d)  Marvin L. Barmes and Barbara J. Barmes con-                  
               tinued to operate and control the business known as                    
               Barbara’s Gift Shop and Barmes Wholesale after the                     
               creation of the Sandbar Wholesale Trust, and have                      
               continued to enjoy the use of the parcels of real                      
               estate and the personal property after the purported                   
               transfers to the the [sic] Sandbar Real Estate Trust.                  
                    (e)  During 1995, the trustees of both the Sandbar                
               Real Estate Trust and the Sandbar Wholesale Trust are                  
               as follows:  James Rabold, the brother of Barbara J.                   
               Barmes,[8] and the petitioners’ daughters-in-law                       

               8The parties stipulated that during the year at issue James            
                                                             (continued...)           





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