Is His Church Trust a sham trust?
A trust must have each of the following elements:
1. A manifestation of intention of the settlor to create a trust;2. Trust property
3. A lawful trust purpose
4. At least one identifiable beneficiary
If a trust lacks one of these four elements, it is not a legal trust.
The Gift
The settlor of the trust is the Grantor or first gift giver and there is assumedly a series of gifts granted as the corpus is distributed by the Trustee. The benefits within the corpus of His Church Trust is constantly in motion like blood in the veins and arteries of a body. The trustee acts as a porter or gatekeeper.
His Church Trust is made in the image of His Holy Church which is established in the image of Christ who was as the Father and Creator. The Tree of Life and the dominion of earth were the first gifts given and the sacrifice of the profits and the ultimate sacrifice of Jesus Christ are paradigms to His Holy Church and His Church Trust which is an intricate part of His Church auxiliaries.
The Corpus
There must be some actual property granted to form the beginning of the corpus and not merely pledges of gifts. Since, some of the property may actually be land that land as well as certain types of property may remain with His Church Trust but the use of it shall be distributed.
The Purpose
The purpose of the trust must be for the benefit of Jesus Christ which includes at least the feeding of His Sheep and the peaceful and ministration of His Kingdom in love and charity.
The Beneficiary
Since, Jesus is the Beneficiary the question must arise is He identifiable. To those who believe and know Him there is no doubt to who He is. But to much of the world He is not recognizable or identifiable. There is a clear record that the World, that is to say the Roman Empire, recognized Jesus Christ. It is also clear that the Holy Roman Empire as well as the World today recognize the kingdom of Heaven on Earth, the Church and Jesus who established it.
His Holy Church may be more identifiable as an entity and presence in the World and is already the Protector of His Church Trust. The Protector of a trust may also be as a Beneficiary but in fact His Holy Church like the Levites belong to Jesus Christ and therefore the Father in Heaven. His Holy Church may receive directly from His Church Trust but can they really be named as the Beneficiaries? They are already under the authority and dominion of Jesus the Christ. Anything given to them is actually given to God through Jesus because they may not own anything as a personal estate but are in perpetual service to His Kingdom and those that wish to enter His Kingdom.
Because His Holy Church has no personal estate having granted all things to the Father it would be inappropriate to name His Holy Church as the Beneficiary. The Grantors of His Church Trust have already recognized His Holy Church as the society established by Jesus to receive, preserve, and propagate his doctrines and ordinances and they have entrusted His Holy Church with the office of Protector, having understood their position as the ministers of Jesus Christ and trustees of His Kingdom.
1 Corinthians 8:6 But to us [there is but] one God, the Father, of whom [are] all things, and we in him; and one Lord Jesus Christ, by whom [are] all things, and we by him.
His Church Trust may contribute to the needs of His Holy Church and its ministers or they may distribute the corpus to any of the needy since Jesus clearly gave the care of the poor as a mission of the Church.
Mark 14:7 For ye have the poor with you always, and whensoever ye will ye may do them good: but me ye have not always.
His Church Trust and its Trustees stand as the Porters or Gatekeepers to His Holy Church and in that since only His Holy Church provides an extra identifiable entity existing on behalf of the Beneficiary. But because of the Nature of His Holy Church it should never be listed as the Beneficiary.
Jesus Christ must be the beneficiary of His Church Trust. But Christ told us to benefit his sheep.
2 Corinthians 5:18 And all things [are] of God, who hath reconciled us to himself by Jesus Christ, and hath given to us the ministry of reconciliation;
Factors of a Sham Trust
In Buckmaster v CM a Tax Court Memo 1997-236, the court mentions four factors to determine what is a sham trust.
(1) Does the grantor relationship to the property differ materially before and after the trust's formation. Was the transfer of the assets and its benefit to the trust real?Response (1) The corpus or property of the His Church Trust must be clearly transferred out of the control of the Grantor. He may benefit some day in some other way but in order for True Charity and Faith to be manifested the grant must be a voluntary and complete release.
Exodus 29:25 And thou shalt receive them of their hands, and burn [them] upon the altar for a burnt offering, for a sweet savour before the LORD: it [is] an offering made by fire unto the LORD.
Ecclesiastes 11:1 Cast thy bread upon the waters: for thou shalt find it after many days.
(2) Does the trust have an independent Trustee separate from the Grantor?Response (2) The Trustee is chosen by the Grantor but only appointed by the approval of the Protectors. Subsequent Grantors recognize by their voluntary donation the Trustee already appointed.
1 Chronicles 9:22 All these [which were] chosen to be porters in the gates [were] two hundred and twelve. These were reckoned by their genealogy in their villages, whom David and Samuel the seer did ordain in their set office.
Nehemiah 7:1 Now it came to pass, when the wall was built, and I had set up the doors, and the porters and the singers and the Levites were appointed,
Acts 6:3 Wherefore, brethren, look ye out among you seven men of honest report, full of the Holy Ghost and wisdom, whom we may appoint over this business.
(3) Did an economic interest pass to the Beneficiaries of the trust with nothing in return from the Beneficiary?Response (3) The Beneficiary may give back to the Grantor but that giving must always be by free will choice and discretion. The beneficial interest must transfer to the Beneficiary without obligation to return anything to the Grantor.
Ezra 7:16 And all the silver and gold that thou canst find in all the province of Babylon, with the free will offering of the people, and of the priests, offering willingly for the house of their God which [is] in Jerusalem:
Ezra 8:28 And I said unto them, Ye [are] holy unto the LORD; the vessels [are] holy also; and the silver and the gold [are] a freewill offering unto the LORD God of your fathers.
2 Chronicles 31:14 And Kore the son of Imnah the Levite, the porter toward the east, [was] over the freewill offerings of God, to distribute the oblations of the LORD, and the most holy things.
Psalms 119:108 Accept, I beseech thee, the freewill offerings of my mouth, O LORD, and teach me thy judgments.
Matthew 6:31-32 Therefore take no thought, saying, What shall we eat? or, What shall we drink? or, Wherewithal shall we be clothed? (For after all these things do the Gentiles seek:) for your heavenly Father knoweth that ye have need of all these things.
Matthew 7:7-11 Ask, and it shall be given you; seek, and ye shall find; knock, and it shall be opened unto you:For every one that asketh receiveth; and he that seeketh findeth; and to him that knocketh it shall be opened. Or what man is there of you, whom if his son ask bread, will he give him a stone? Or if he ask a fish, will he give him a serpent? If ye then, being evil, know how to give good gifts unto your children, how much more shall your Father which is in heaven give good things to them that ask him?
John 6:32 33 Then Jesus said unto them, Verily, verily, I say unto you, Moses gave you not that bread from heaven; but my Father giveth you the true bread from heaven. For the bread of God is he which cometh down from heaven, and giveth life unto the world.
John 14:27 Peace I leave with you, my peace I give unto you: not as the world giveth, give I unto you. Let not your heart be troubled, neither let it be afraid.
John 10:11 I am the good shepherd: the good shepherd giveth his life for the sheep.
(4) Did the Grantor feel bound by any restrictions imposed by the trust itself or the limitations of the law of trusts?Response (4) Again the question arises did the Grantor release control of the property into the hands of a Trustee who exercised and actual fiduciary control over the corpus?
The proof of a sham trust or a real trust is found in the answer to the question, "Is there a real Grantor who gives value, Trustee acting as fiduciary and a Beneficiary who receives the corpus?"
Protector
Although His Holy Church is the protector of His Church Trust it is also the Trustee of His Kingdom on earth. His Holy Church's protector is the Holy Spirit, the Comforter. His Holy Church also relies heavily upon the Holy Spirit for its protection and enforcement.
Levites could not own an estate but belonged to the LORD.
The same was true of the Church.
Acts 4:36-37 And Joses, who by the apostles was surnamed Barnabas, (which is, being interpreted, The son of consolation,) a Levite, [and] of the country of Cyprus,: Having land, sold [it], and brought the money, and laid [it] at the apostles' feet.
Levites could not own land but such corruption came in with the Hasmonian Kings. Barnabas was trying to do the right thing and sold his land and gave the money to the Church. In Acts 5 we see another would be Trustee for the Church not being honest in the application of his office and the protector withdrew the breath of life.
Acts 5:1-5 But a certain man named Ananias, with Sapphira his wife, sold a possession, And kept back part of the price, his wife also being privy to it, and brought a certain part, and laid it at the apostles' feet. But Peter said, Ananias, why hath Satan filled thine heart to lie to the Holy Ghost, and to keep back part of the price of the land? Whiles it remained, was it not thine own? and after it was sold, was it not in thine own power? why hast thou conceived this thing in thine heart? thou hast not lied unto men, but unto God. And Ananias hearing these words fell down, and gave up the ghost: and great fear came on all them that heard these things.
His Church Trust is a real Trust and His Holy Church was established by Jesus Christ for His purposes. The Grantors give and the Trustees receive for the benefit of the Benefactor, Jesus Christ the King.
Ephesians 1:10 That in the dispensation of the fulness of times he might gather together in one all things in Christ, both which are in heaven, and which are on earth; [even] in him:
