Free Response to Proposed Findings of Uncontroverted Fact - District Court of Federal Claims - federal

Case 1:06-cv-00407-ECH

Document 121-2

Filed 08/21/2008

Page 1 of 4

IN THE UNTED STATES COURT OF FEDERAL CLAIMS No. 06-407 T (into which have been consolidated Nos. 06-408 T,
06-409 T, 06-410 T, 06-411 T, 06-810 T, 06-811 T)

Judge Emily C. Hewitt
(E-Filed: August 21,2008)

ALPHA I, L.P., BY AND THROUGH ROBERT )

SANDS, A NOTICE PARTNER )

v. )
Plaintiff,
v.

Plainti ff, ))
)

06-407 T

THE UNITED STATES, ))

Defendant. )
)
)

BETA PARTNERS, L.L.C., BY AN THROUGH)

ROBERT SANDS, A NOTICE PARTNER )
)
)

) )
)

06-408 T

THE UNITED STATES,
Defendant.

) ) ) )
) )

R, R, M & C PARTNERS, L.L.c., BY AN THROUGH R, R, M & C GROUP, L.P., A
NOTICE PARTNER,
Plaintiff,
v.

)
) )

) )
)

06-409 T

r i E UNITED STATES,

) )
)

Defendant.

)
)

Case 1:06-cv-00407-ECH

Document 121-2

Filed 08/21/2008

Page 2 of 4

R, R, M & C GROUP, L.P., BY AN THROUGH )

)

ROBERT SANDS, A NOTICE PARTNER )
)

Plainti ff,
v.

)

)
)

06-410 T

TIlE UNITED STATES,
Defendant.

)
)

)
) ) )

C\'C PARTNERSHIP I, BY AND THROUGH
ANDREW STERN AND

TE UST FRO ZACHARY STERN U/ A FIFTH G. MARLYN SANDS,

) )
) )

TRUSTEES, A NOTICE PARTNER,
Plainti ff,
v.

)
) ) ) ) )

06-411 T

T! i r;: UNITED STATES,

Defendant.

)
)

)

MICKEY MANAGEMENT, L.P., BY AN
Tl: :~OUG;-I MAR1L YN SANS, A NOTICE PARTNER,

)

Plaintiff,
v.

) ) ) ) )
)

)
) )

06-810 T

Tri!;: L~iTED STATES,
Defendant.

) ) )

Case 1:06-cv-00407-ECH

Document 121-2

Filed 08/21/2008

Page 3 of 4

)

M, L, R & R, BY AND THROUGH RICHARD E. )

SANDS, TAX MATTERS PARTNER, )

v. )

Plaintiff, )
) )

06-811 T
)

THE UNITED STATES, )

Defendant. )
I, Thomas M. Herrin, am a Trial Attorney with the Offce of

) )

the United States Department

of Justice, Tax Division, and in my capacity as such, and as part of my duties, I share responsibility

for representing the United States of America in the above-entitled case. Attached hereto is a true
and correct copy of a document printed from the Alaska Trust Company web site.
EXECUTED on August 21, 2008.

~--~_._---/ L Iy--/s/ Thomas M. Herrin

THOMAS M. HERR
State Bar No. Texas 09533500 Attorneys, Tax Division Department of Justice 717 N. Harwood, Suite 400 Dallas, Texas 75201 (214) 880-9762/9745 (214) 880-9741/9742 (FAX) ATTORNEY FOR THE UNITED STATES

Alaska Trust Company, The genesis of Alaska Trust121-2 Case 1:06-cv-00407-ECH Document CompanyFiled 08/21/2008

Page 4 Page 1 of 1 of 4

e

of Alaska Trust

the World's (rioÜ:;e
,¡::;", Üur mission
~ Personal wealth planning & fiduciary servkes

LASKA ~ WeaJtli plamiirig uSdr
~~. Som~~ of the uses of trusts

,¡":;", for wi,aítli management & tr¡uisfers

... A revocable tnlsti:3f1 provide these Advamages

(JAN
Contact Us

~ Ti ust company \IS Îfiòividi.als
~ Invèstment
.. TruSI:$ to consider

The genesis of the Alaska Trust Company, the Alaska Trust Act, and other unique trust legislation
A number of years ago, I took off from Lake Hood, Anchorage's well-known seaplane base, with my
brother Jonathan Blattmachr, a noted estate planning attorney, and Richard Thwaites, an estate planning

attorney and life-long Alaskan. We were on our way to the Kenai Peninsula to meet my wife, Patti, who was waiting to take us on a drift boat trip to catch silver salmon. It was the first time landing in the Kenai River since I had left Alaska a few years earlier. As we were landing, we all remarked at how beautiful

the aquamarine color of the river was.
During the trip, we had a great day catching our limit of silver salmon. As we slowly drifted down the river remarking on the beautiful day and what a great place Alaska is, Patti turned to me and asked "Why

don't we move back to Alaska?". At that point, Richard commented that Alaska could really use an organization that is committed to trust services. We all spoke about the formation of a trust company
and how we might accomplish that task.

A couple of years later, we were all in Alaska, again on a fishing trip. We discussed how great it would be
to move to Alaska and create a financial services industry built around trust and investment services to

help the economy diversify from oil and mining into an industry that would have no negative impacts on

the environment. At that point, Jonathan said, "If we can get the Alaska Legislature to make some
changes in its trust statutes, Alaska could become the premiere jurisdiction to have trusts established

and administered." With that, a major effort was made.
First we needed to form a trust company. Even though Alaska had statutes on its books for forty years for the formation of a trust company, no one had ever formed an independent trust company in Alaska.

In addition, we needed to draft legislation and get it to the legislature. Jonathan drafted the Alaska Trust
Act. We were able to get the Act passed, form a trust company, as well as make changes to Alaska's

limited liability and limited partnership statutes. It took over two years to accomplish these tasks. With
hard work and the foresight of both the Legislature and the Governor's office, we were able to accomplish what we set out to do, to make Alaska the premiere jurisdiction for trust services. Over the next several years additional unique pieces of legislation have been passed in the Alaska Legislature.

From the beginning, our goal was to provide the finest trust services in the country and to make a commitment to Alaska.
Douglas J. Blattmachr, President and CEO

Alaska Trust Company email: ¡;ktrust(!Üaiaskatrust.com Voice: (888)544-6775 or (907)278-6775 Fax: (907)258-1649 1029 W. Third Avenue, Suite 400, Anchorage, Alaska 99501-1981 USA

(c) Copyright 2008. All Rights Reserved

~ GOVERNMENT

http://ww.alaskatrust.com/ww Ithegen.html

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8/21/2008