- 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...)Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011