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E. Petitioner's Activities as FUH President and FUH Plan
Trustee
As president of FUH from 1983 to 1988, petitioner presided
over meetings of the executive committee at which it approved
revisions to the FUH plan. These meetings included: (1) July
25, 1983, March 11, 1985, and October 28, 1985, at which the
committee approved the FUH plan; and (2) July 23, 1984, at which
the committee agreed to use $225,000 received from Travelers for
the first death under the plan to buy six or seven additional
policies.
As FUH president, petitioner signed various FUH plan
documents and documents on behalf of the plan, such as: (1) The
FUH pension trust agreement1 on July 14, 1983; (2) an amendment
to the FUH plan effective January 1, 1984; (3) a Form 2848, Power
of Attorney and Declaration of Representative, authorizing
Fantasia to represent FUH before the Internal Revenue Service
(IRS) for tax matters relating to the FUH plan on May 25, 1984;
(4) an amendment to the FUH plan effective January 1, 1985; and
(5) a revision of the FUH plan on March 12, 1985.
Petitioner became president of the FUH pension committee in
1983. As a member of the pension committee, he was also a plan
trustee. He resigned from the pension committee in September
1983 because the Garrahan Agency was writing insurance policies
for the FUH plan. Petitioner chose Robert Simmler to replace him
1 Petitioner also signed the FUH pension trust agreement in
his capacity as FUH plan trustee.
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