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B. Removal. Upon complaint for proper cause
by any agent or person appointed by the Trust, the
Protector shall appoint a Committee of Arbitrators
(hereinafter referred to as the Committee), to
investigate the complaint.
1. The Committee shall consist of three
(3) persons independent of the Trust.
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)
insolvency, b) negligence, c) incompetence, or d)
failure to perform fiduciary duties under the terms of
the Contract.
At trial, we admitted the certification and purported trust
document into evidence, but we stated that we would give them
“whatever weight [they were] entitled to.”
Discussion
This Court is a court of limited jurisdiction. See Freytag
v. Commissioner, 501 U.S. 868, 870 (1991). With respect to a
notice of a final partnership administrative adjustment,
jurisdiction may be predicated upon the timely filing of a
petition by the tax matters partner. See sec. 6226(a); Rule
240(c)(1). The petition may be filed by a fiduciary entitled to
institute a case on behalf of the tax matters partner. The
capacity of a fiduciary to litigate in this Court shall be
determined in accordance with the law of the jurisdiction from
which such person’s authority is derived. See Rule 60(c).
The parties treat petitioner as a trust organized under the
laws of Arizona. Pursuant to Rule 60(c), Arizona law therefore
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Last modified: May 25, 2011