- 18 - each other in the course of signing the documents to establish the McKenzie Trust. On May 14, 1993, Mr. Hartmann and Mr. Boatright executed a contract entitled “McKenzie Trust, A Contractual Fiduciary Trust”. The contract contained a declaration of trust and trust indenture, the terms of which were identical to the Pago Trust’s formation documents. Although Mr. Boatright never issued certificates representing the 100 units of beneficial interest in the McKenzie Trust, the parties stipulated that Glenmere Investments was the 100-percent beneficiary of the trust during the taxable years 1995 through 1998.20 Glenmere Investments and its fiduciary are located in Nevis, British West Indies. B. Operation of the McKenzie Trust On May 14, 1993, the McKenzie Trust and petitioner executed a General Agreement in which petitioner agreed to manage the McKenzie Trust. The terms of the agreement were vague, requiring only that petitioner perform “duties as the manager of the McKenzie Trust and make sound business decisions which affect the function and operation of the said trust as a whole.” The trust paid petitioner management fees for his services. 20The McKenzie Trust’s tax returns for 1995 and 1997 have Schedules K-1 that list Glenmere Investments as a beneficiary, but there are no Schedules K-1 attached to the 1996 and 1998 returns.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011