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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...)
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