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The article addresses whether alleged transactions constituted benami transfers and whether the fiduciary exemption to the benami prohibition applies. It explains that fiduciary relation was not established: no power of attorney, absence of evidence that the ostensible purchaser held title for the benefit of the alleged beneficial owner, and no statutory permission for non tribal acquisition of tribal land. It states that simple entrustment of consideration or employment does not create a trust protected by trust law, that statutory repeal limits trust based exemptions, and that attachments of the disputed properties were therefore sustained as benami transfers contrary to tribal land restrictions.
The article addresses whether alleged transactions constituted benami transfers and whether the fiduciary exemption to the benami prohibition applies. It explains that fiduciary relation was not established: no power of attorney, absence of evidence that the ostensible purchaser held title for the benefit of the alleged beneficial owner, and no statutory permission for non tribal acquisition of tribal land. It states that simple entrustment of consideration or employment does not create a trust protected by trust law, that statutory repeal limits trust based exemptions, and that attachments of the disputed properties were therefore sustained as benami transfers contrary to tribal land restrictions.
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TaxTMI 
TaxTMI 
