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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)

Citation
Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)
Parent Document
Kiefer v. First Capitol Sports Center, Inc., 684 S.W.2d 483 (1984)
Jurisdiction
Missouri (state)
Effective Date
1984-12-04

Full Text

1,106 chars
JAMES J. GALLAGHER, Special Judge.
This is an appeal from a judgment of the Circuit Court of St. Charles County, Missouri, awarding the respondent damages in unlawful detainer under § 534.030 RSMo 1978.1 The property involved is improved real estate located in St. Charles, Missouri, owned by Roy R. Thoele and Madonna J. Thoele. They conveyed this real estate in limited trust to Joseph C. Meek, trustee, on July 7, 1971, for a term of 133 months to August 7, 1982. On March 7, 1980, David T. Kiefer was appointed successor trustee for the remaining term. The trust created was one known as a “Clifford Trust” described in the trial as a tax saving device wherein legal ownership of designated assets is transferred to a trustee in order that income will go to beneficiaries who may be in a lower tax bracket. It was suggested by questions in the trial that the Internal Revenue Code and regulations set forth the legal requirements for such a trust, but any such requirements were not detailed in evidence except an accountant witness testified that such a trust must be in effect for at least ten years.