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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
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