- 9 - (first minutes), and a notarized affidavit dated October 17, 2002. The purported trust instrument12 provides, in part, as follows: COMMON LAW BUSINESS ORGANIZATION THIS COMMON LAW CONTRACT IN THE FORMAT OF AN IRREVOCABLE DECLARATION OF TRUST AUTHORIZES ITS DIRECTORS TO OPERATE UNDER THE NAME OF The Adorno Asset Management Company (referred to as the company) DATED December 6, 1995 THIS agreement, conveyance and acceptance is made and entered into at the time and on the date appearing in the acknowledgment hereto attached, by and between Alicia Gloyeske who drafted the Common Law Business Organization DOCUMENTS as THE CREATOR HEREOF and THE OFFEROR HEREIN and Edwin R. Adorno, as the INVESTOR AND OFFEREE HEREIN and Alicia Gloyeske ACCEPTOR hereof who shall compose the Board of Directors and Executive Officers for conducting said business. The Creator hereby constitutes and appoints the above designated Director to be, in fact, Director of the Company hereby created and established. The investor for and in consideration of the objects and purposes herein set forth, the cash sum of Ten Dollars in hand paid and other considerations of value, the receipt of which is hereby acknowledged, does hereby agree to sell, assign, convey, and deliver unto said Director, who are to hold legal title in fee simple. * * * * * * * Directors shall be not less than one in number, but may be increased for practical reasons beneficial to the Company. The Director herein mentioned by name, or his/her successors elected to fill vacancies, shall 12 The provisions of the purported trust instrument are substantially identical to the purported trust instrument in The Adorno Bus. Co. v. Commissioner, T.C. Memo. 2003-126. See infra note 16.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011