- 5 -
2. The Committee shall have the power,
upon meeting, investigation, and a two-thirds (2/3)
majority vote, to remove the Trustee for the following
specific reasons constituting proper cause: a) insol-
vency, b) negligence, c) incompetence, or d) failure to
perform fiduciary duties under the terms of the Con-
tract.
* * * * * * *
C. Incapacitation. In the event the Trustee
is unavailable to participate in the process of his
removal or the selection of a Successor Trustee, the
Protector shall have the authority to execute an affi-
davit, under oath, setting forth the unavailability of
the Trustee. * * *
D. Court Appointment. In the event it
becomes necessary to litigate the removal of a Trustee
and/or appointment of a Successor Trustee, the Trust,
by and through its Beneficiaries, may apply to a court
of competent jurisdiction for the appointment of a
Successor Trustee.
The notice of deficiency (notice) issued to petitioner
Banana Moon Trust for taxable years 1994 and 1995 was addressed
as follows:
BANANA MOON TRUST
SUGARTREE LLC TTEE
5804 WEST VISTA NO. 347
GLENDALE, AZ 85301-1341
The notice issued to petitioner Purple Passion Trust with respect
to taxable year 1995 was addressed as follows:
PURPLE PASSION TRUST
SUGARTREE LLC TTEE
5804 WEST VISTA AVENUE NO. 347
GLENDALE, AZ 85301-1341 040
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Last modified: May 25, 2011