Acme Equipment Trust, Robert Hogue, Trustee - Page 7




                                        - 6 -                                         
          an attached Exhibit “A” enumerating “articles of personal                   
          property” subject to the trust, no such exhibit is attached.                
               Both purported trust instruments represent that they were              
          executed within the State of California and that California State           
          law is controlling.                                                         
               E.  Respondent’s Response                                              
               At the Court’s direction, respondent filed a Response to the           
          foregoing Objection.  Simultaneously respondent filed a                     
          Declaration, attaching thereto (inter alia) copies of Forms 1041,           
          U.S. Income Tax Return for Estates and Trusts, filed in the name            
          of Acme Equipment Trust for 1997 and 1998.  These returns, which            
          were executed by Robert Hogue on October 7, and October 15, 1999,           
          respectively, list the date the entity was created as January 1,            
          1994, and its employer identification number as 56-6454364.                 
               F.  Acme’s Failure To Reply                                            
               After considering respondent’s Response and Declaration, the           
          Court directed Acme to file a reply.  Acme failed to do so.                 
               G.  Other Noteworthy Documents                                         
               As previously mentioned, respondent attached to the                    
          Supplement to his motion to dismiss copies of certain documents             
          that he had just received from Robert Hogue.  See supra C.                  
          Although none of these documents included a purported trust                 
          instrument, the documents did include various “Minutes” for “Acme           








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011