- 31 - on property in Osceola County, Florida, presently owned by William F. Mitchell, Trustee. WHEREAS, the beneficiaries of this Trust and their interest are as follows: C. Wayne Schoolfield - 50% and W. L. Medlin, Trustee - 50%. WHEREAS, Allen further declares she as Trustee will own, possess and administer the same only in keeping with the interest of the beneficiaries thereto and they shall have sole discretion and authority to sell, assign, transfer, and convey or otherwise dispose of the aforesaid Offer to Purchase Contract and that she will execute any and all necessary forms to consummate a sale upon receiving notice from the beneficiares [sic]. Allen shall account to and pay over to the beneficiarie [sic] herein the proceeds derived from their stated interest in that Receipt for Deposit and Offer to Purchase contract dated April 7, 1977 and attached hereto. AND WHEREAS: Allen shall not sell, convey or exchange the property conveyed to her as Trustee with herself as an individual without written consent of the beneficiaries of this Trust Agreement and she shall keep an accurate set of records regarding the above property and render periodic accounting therefore to the beneficiaries. Mr. Schoolfield and petitioner’s joint ownership of the High Plains Property terminated at some point in time. OPINION Respondent determined that petitioner was the sole owner of Lot 23 and that he realized the entire $19,699 gain from the sale of Lot 23 in 1985. Petitioner contends that he was a half-owner of the lot with Mr. Schoolfield when the property was sold and that he received only half of the gain that respondent determined.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011