Home Health Services Trust, Robert Hogue , Trustee - Page 11




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          changed the terms of the trust after his purported appointment as           
          successor trustee.  Significantly, the recordation information on           
          the purported trust instrument in Residential Mgmt. Servs. Trust            
          and the recordation information in the present case are in                  
          numerical order.  Thus, it appears that the trust instrument here           
          was also not recorded in its entirety.  Furthermore, the                    
          purported minutes, including the signatures, submitted in the               
          present case are identical to the minutes submitted in Sunshine             
          Residential Trust v. Commissioner, T.C. Memo. 2003-59, Rancho               
          Residential Servs. Trust v. Commissioner, T.C. Memo. 2003-57, and           
          Residential Mgmt. Servs. Trust.  Because none of the purported              
          minutes state the organization that they pertain to, it appears             
          that Robert Hogue simply copied the same purported minutes for              
          each case and submitted them as the Home Health minutes in the              
          present case.  Thus, the record creates doubt as to the                     
          authenticity of the purported trust instrument in its entirety              
          and of its related documents.  “Paper records, no matter how                
          seemingly authentic, can be easily made to mask reality.”  Comer            
          Family Equity Pure Trust v. Commissioner, T.C. Memo. 1990-316,              
          affd. 958 F.2d 136 (6th Cir. 1992).  Because he provided only a             
          copy of a trust instrument without any certification as to its              
          authenticity other than his own uncorroborated and self-serving             
          assertions, we have serious doubts that Robert Hogue has                    
          presented the Court with Home Health’s valid and complete trust             






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