Marvin L. Barmes and Barbara J. Barmes - Page 14




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               Jennifer Burgess Barmes and Susan Thomas Barmes.                       
                    (f)  Jennifer Burgess Barmes and Susan Thomas                     
               Barmes were employed by petitioners during 1995.                       
                    (g)  Petitioners and the trustees of the Sandbar                  
               Real Estate Trust and the Sandbar Wholesale Trust have                 
               refused to provide to respondent’s agents or officers                  
               information or documentation setting forth who the                     
               beneficiaries are of each trust.                                       
                    (h)  The Sandbar Wholesale Trust has not filed a                  
               Form 1041, U.S. Fiduciary Income Tax Return, for the                   
               tax year ended December 31, 1995.                                      
                    (i)  The taxpayer identification number used by                   
               the Sandbar Wholesale Trust, 52-9876145, is not a valid                
               taxpayer identification number registered or otherwise                 
               recognized by the Internal Revenue Service.                            
                    (j)  On March 14, 1996, petitioner Marvin L.                      
               Barmes, as the general manager of the Sandbar Wholesale                
               Trust, executed under penalties of perjury Indiana                     
               State Form 11405, Business Tangible Personal Property                  
               Assessment Return, for the calendar year ended December                
               31, 1995.                                                              
                    (k)  On the Indiana State Form 11405, Business                    
               Tangible Personal Property Assessment Return, the                      
               Sandbar Wholesale Trust, through its general manager,                  
               Marvin L. Barmes, stated that the trusts had total                     
               sales of $5,799,767.00 for the calendar year ended                     
               December 31, 1995, from the general retail and whole-                  
               sale activities of Barbara’s Gift Shop/Barmes Wholesale                
               conducted at 120/114 Main Street in Vincennes, Indiana.                

               8(...continued)                                                        
          Rabold was married to Carol Barmes, who is Mr. Barmes’ sister.              
          James Rabold is the brother-in-law, and not the brother, of                 
          Barbara J. Barmes.  As corrected, par. 7(e) of respondent’s                 
          answer should read as follows:                                              
                    (e)  During 1995, the trustees of both the Sandbar                
               Real Estate Trust and the Sandbar Wholesale Trust are                  
               as follows:  James Rabold, petitioners’ brother-in-law,                
               and the petitioners’ daughters-in-law Jennifer Burgess                 
               Barmes and Susan Thomas Barmes.                                        





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