Herbst Asset Management Trust, et al. - Page 12




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               On January 16, 2002, Herbst Management Trust filed a re-               
          sponse to respondent’s motion to hold petitioner in default in              
          the case at docket No. 9999-00, and petitioner in each of the               
          cases at docket Nos. 10001-00 and 10002-00 filed a response to              
          respondent’s motion in each such case to dismiss for lack of                
          prosecution and to impose sanctions under section 6673.  On                 
          January 30, 2002, Herbst Charitable Trust filed a response to               
          respondent’s motion to hold petitioner in default in the case at            
          docket No. 10000-00.  Each of those respective responses con-               
          tained arguments and contentions that the Court found in an Order           
          dated January 18, 2002, in the case at docket No. 9999-00, an               



               7(...continued)                                                        
                    quest as the original petition was issued in error                
                    due to false directions given to petitioner by                    
                    respondent.  Petitioner believes that he has the                  
                    right to correct his mistake and withdraw the                     
                    original petition.                                                
               2.   This Court and the respondent recognize the peti-                 
                    tioner as a Trust and cease attempting to set                     
                    aside a contract in direct opposition to the Con-                 
                    stitution of the United States of America.                        
               3.   This court sanction the respondent for using this                 
                    Court for illegal purposes.  Respondent has no                    
                    legal tax claim as petitioner has noted to respon-                
                    dent and this Court on numerous occasions.  With-                 
                    out a legal claim, respondent fraudulently in-                    
                    structed petitioner to use this Court to legiti-                  
                    mize his illegal attempt to deprive petitioner of                 
                    his assets.                                                       
               4.   This Court instruct the respondent to cease, now                  
                    and forever, harassment of petitioner.                            






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