- 19 - On December 20, 2001, Herbst Management Trust and Herbst Charitable Trust, respectively, filed responses to the December 3, 2001 Show Cause Orders in the cases at docket Nos. 9999-00 and 10000-00 (Herbst Management Trust’s response to the December 3, 2001 Show Cause Order and Herbst Charitable Trust’s response to the December 3, 2001 Show Cause Order, respectively), each of which was signed by Terrence A. Bentivegna (Mr. Bentivegna) who identified himself in each such response as “Trustee”. Each such response asserted that “Petitioner does not believe that this Court has jurisdiction.” In support of that position, Herbst Management Trust’s response to the December 3, 2001 Show Cause Order and Herbst Charitable Trust’s response to the December 3, 2001 Show Cause Order set forth statements and contentions that the Court found to be frivolous and/or groundless.5 5Each such response to the December 3, 2001 Show Cause Order stated in pertinent part: 1. Petitioner petitioned this Court after having received false and misleading information from the respondent and attorneys David Wise and his associate Carol Jackson. The respondent has failed to properly assess any taxes in accordance with their required administrative procedures, and yet advised the petitioner that the only method of disagreeing with the purported tax liability was to petition this Court. 2. This Courts’ [sic] order states “. . . petitioner purports to be a trust . . .” Petitioner is a trust, and the respondent has never been able to prove otherwise. Nor does the respondent have the right or ability to set aside a contract. (continued...)Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011