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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.
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Last modified: May 25, 2011