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information that he provided on behalf of the account holder in
each such application was correct. Below Mr. Barmes’ signature
in each account application, Mr. Barmes wrote the words “Without
prejudice”.
As of October 13, 1995, Community Bank listed (October 13,
1995 signature card) the following individuals as having signa-
tory authority (signatories) over various separate Community Bank
accounts maintained under the respective names Sandbar Real
Estate Trust, Sandbar Wholesale Trust,17 Sandbar Family Trust,
and Land Vehicle Trust:18 Marvin L. Barmes, Barbara Barmes,
Marvin Barmes, Jr., Greg Barmes, Mark Barmes, Brian Barmes, Susan
Thomas Barmes, Jennifer Burgess Barmes, and James Rabold.19 The
October 13, 1995 signature card identified Marvin L. Barmes as
general manager and Susan Thomas Barmes, Jennifer Burgess Barmes,
and James Rabold as trustees.
17Mr. Barmes opened three different accounts under the
respective names Sandbar Wholesale Trust--Barbara’s Gift Shop,
Sandbar Wholesale Trust--Barmes Wholesale, and Sandbar Wholesale
Trust--Payroll. The record does not disclose whether the indi-
viduals listed as signatories for the three accounts maintained
under the name Sandbar Wholesale Trust were signatories for all
three of those accounts.
18The record does not disclose that an account was opened at
Community Bank under the name Land Vehicle Trust.
19Marvin Barmes, Jr., Greg Barmes, Mark Barmes, and Brian
Barmes are sons of petitioners. During the year at issue, Susan
Thomas Barmes was married to Greg Barmes, Jennifer Burgess Barmes
was married to Mark Barmes, and James Rabold was married to Carol
Barmes, who is Mr. Barmes’ sister.
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