- 29 - A “Trust” is defined by Black’s Law Dictionary as, “a right of property, real or personal, held by one party for the benefit of another.” The “Trustee(s)” hold the legal and equitable Title to the property for the benefit of the Beneficiaries/ Capital Unit Holders. Although the trustees hold the property title, they do not own the property. The Trustee(s) is/are delegated the management authority for the Pure Trust Organiza- tion. The Beneficiaries/ Capital Unit Holders also do not own the property but they have the right to all of the benefits, proceeds and profits of it. This is called the “beneficial interest.” In a Sovereignty Pure Trust Organization the “beneficial interest” is contractually non-assignable and for that reason a Creditor may not legally attach it. The Beneficiaries/ Capital Unit Holders do not have any management control of the property. A Pure Trust Organization is “created” and given life, though a “Contract in the Form of a Pure Trust Organization” which is referred to as the “instrument.” [Reproduced literally.] Under the heading “A Pure Trust Organization has No Income Tax Requirements”, the Sovereignty promotional materials stated in pertinent part: Like Corporations, Revocable Living Trusts are statutory and are subject to legislative control and taxation. A Revocable Living Trust is required to file a 1041 Form each year. As confirmed by the Chief of Accounting for the IRS, * * * “A Pure Trust Organiza- tion has no tax requirements.” Therefore, there is no legal requirement for a Pure Trust Organization to file a tax return. * * * * * * * A Pure Trust is not considered a taxable “Associa- tion” pursuant to tax law. Black’s 6th Law Dictionary defines Association as follows: “What is designated as a trust or a partnership...may be classified as an association [only] if it clearly possesses [all] corpo- rate attributes. Corporate attributes include:Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011