Larry J. and Anita L. Lundgren - Page 13

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          following the Prudent Man Trustee; however, neither Mr. Chisum              
          nor petitioners provided any documentation evidencing such a                
          change in the trust’s trustee.  Although Mr. Chisum was                     
          purportedly the named trustee, it was Mrs. Lundgren, the 100-               
          percent beneficiary after Raymond Roemer’s death, who appeared to           
          make all the decisions regarding the trust and signed documents             
          on behalf of the trust.  This included Mrs. Lundgren’s                      
          authorization to sign checks for Lucky Kirt Trust as she was one            
          of the names listed on the preprinted checks for the Lucky Kirt             
          Trust account.                                                              
               Although Mrs. Lundgren claimed that she signed checks and              
          other documents pertaining to the trust using the signature stamp           
          of Mr. Chisum in her role as secretary for Lucky Kirt Trust,                
          there is no evidence, other than petitioners’ self-serving                  
          testimony, that Mr. Chisum actually controlled the manner in                
          which she used the signature stamp.  Thus, there was no                     
          convincing evidence that Mrs. Lundgren’s authority to use the               
          signature stamp of Mr. Chisum was restricted in any meaningful              
          way.                                                                        
               Raymond Roemer was listed as the trustee on the Legg Mason             
          documents for the Lucky Kirt Trust II account for the years in              
          issue.  Mrs. Lundgren signed a client option agreement for the              
          Legg Mason account on May 10, 1994, and for the years in issue,             
          all Legg Mason account statements for the Lucky Kirt Trust II               
          account were sent to Mrs. Lundgren’s address.  Morever, there is            




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