- 6 - trust document for another trust known as Tarragon Trust.7 Article Five “Power of Trustees”, section 5.5 of the Fennel trust instrument states as follows: NOTWITHSTANDING any other provision in this Trust instrument, no power shall be exercised, nor any action taken, by the Trustees except upon the unanimous consent of all Trustees having authority as supplemented by the minutes and resolutions to exercise that power, and shall not be construed to contrivance [sic] of any constitutional state or federal law. “Schedule B” attached to the Fennel trust instrument lists the property transferred to the trust as follows: Twenty-One (21) Silver Dollars (face value); Pre-1964 Coinage of Account of the United States of America; One (1) Ten Dollar Bill; Love & Kindness[;] HEWLETT PACKARD PRINTER. “Attachment A” to the Fennel trust instrument is an undated letter signed by Paul Jablonski and addressed to “The Settlor of Fennel Trust”, stating: “I am in receipt of your letter dated 28 April 1994, appointing me Trustee of Fennel Trust, WHICH I HEREBY ACCEPT IMMEDIATELY.” “Schedule C” attached to the Fennel trust instrument lists the trust’s beneficiary as S&T Management Trust, which “surrendered” its “beneficial” interest in favor of Rosaria Jablonski. Rosaria Jablonski is Paul Jablonski’s wife. 7 Tarragon Trust is a petitioner in a related docket in which the Commissioner has also filed a Motion to Dismiss for Lack of Jurisdiction. See docket No. 10709-00 and our Memorandum Opinion at T.C. Memo. 2001-315.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011