Larry J. and Anita L. Lundgren - Page 5

                                        - 5 -                                         
          during either the audit or at trial provide a copy of the trust             
          agreement.                                                                  
               Raymond Roemer, who was the initial beneficiary of Lucky               
          Kirt Trust, died on April 27, 1994.  After the death of Raymond             
          Roemer, Mrs. Lundgren’s name was listed as the 100-percent                  
          beneficiary of Lucky Kirt Trust, the 100-percent member of Lucky            
          Kirt Trust, or the sole entity receiving payment on several                 
          documents submitted to the U.S. Department of Agriculture (USDA).           
          In addition, she signed other documents submitted to the USDA as            
          participant, owner, operator, manager, or agent on behalf of                
          Lucky Kirt Trust.  These documents were signed for multiple                 
          years, among these, the 1999, 2000, and 2001 years in issue.                
               Hall and Strong, LC (Hall and Strong) at a date undisclosed            
          by the record became the successor trustee to the Prudent Man               
          Trustee.  Mr. Chisum did not have any documentation at trial                
          supporting Hall and Strong’s appointment as trustee of Lucky Kirt           
          Trust.  The signature card of The Farmers State Bank of Oakley,             
          Kansas, for the Lucky Kirt Trust listed the signatures of Mr.               
          Chisum, Raymond Roemer, and the signature stamp of “JC Chisum” as           
          authorized signers on the account.  Mrs. Lundgren was authorized            
          during at least some of the years at issue to sign checks for the           
          Lucky Kirt Trust using the signature stamp of Mr. Chisum.  Mr.              
          Chisum gave Mrs. Lundgren the authority to perform certain duties           
          in her capacity as the secretary of Lucky Kirt Trust.                       






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011