Fennel Trust - Page 7




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               During the evidentiary hearing in this case, petitioner                
          offered to the Court a document purportedly reflecting Cypress              
          Management’s resignation as trustee for Fennel Trust, as well as            
          a document purportedly reflecting Cypress Management’s                      
          resignation as trustee for Tarragon Trust.  Considering that                
          these documents were undated, as well as other discrepancies in             
          the record, the documents were not admitted into evidence.8                 
               On April 30, 1994, Fennel and S&T Management purportedly               
          executed a document entitled “INDEPENDENT COMMON-LAW CONTRACTOR             
          CONTRACT”, in which S&T Management and Fennel were identified as            
          contractor and client, respectively.                                        
               Fennel did not file a U.S. Fiduciary Income Tax Return, Form           
          1041, for 1995 and 1996.9  However, for those years, Fennel                 
          received a Schedule K-1, Beneficiary’s Share of Income,                     
          Deductions, Credits, etc., from BHC Trust, another “business                
          trust organization” whose purported trust instrument was the work           
          of Zola Sheehan.  The Schedule K-1 for 1996 reflects a loss in              
          the amount of $2,180.  Paul and Rosaria Jablonski attached this             
          Schedule K-1 to their Federal income tax return for 1996 and used           



               8  The document offered with respect to Tarragon Trust                 
          differed in material respects (including signatories and                    
          typeface) from another document that Tarragon Trust had offered             
          to reflect Cypress Management’s resignation as trustee.                     
               9  Indeed, Fennel did not file an income tax return from its           
          inception through 1999.                                                     





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