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resignation on behalf of American Common Trust as trustee for the
trust, and that his final act as trustee is to name a successor-
trustee: Robert Hogue. The resignation provides that Robert
Hogue must tender a letter of acceptance and that said letter of
acceptance is “the final act to transfer power”. Both Douglas J.
Carpa and Robert Hogue signed the resignation, which was
notarized in Maricopa County, Arizona.
Douglas J. Carpa also signed a letter addressed to
“Trustees” of the trust, stating that he tendered his resignation
as trustee effective July 15, 1997. Robert Hogue, as trustee,
signed the letter accepting the resignation.
The “First Minutes of the Residential Management Services
Trust” (the minutes), dated July 31, 1997, state that Douglas J.
Carpa, settlor of the trust, appoints Robert Hogue as legal
trustee. Douglas J. Carpa signed the minutes as “Settlor” and
Robert Hogue signed as “Legal Trustee”.
Trust 1995 Return
For 1995, Michael made a return of Federal income tax for
the trust on Form 1041, U.S. Income Tax Return for Estates and
Trusts (the trust 1995 return). In the space on that return
calling for the signature of a fiduciary or an officer
representing a fiduciary, Michael signed his name and added:
“Manager”. Attached to the trust 1995 return is a Schedule C,
Profit or Loss From Business (Sole Proprietorship) (the trust
Schedule C). The trust Schedule C refers to a sole
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Last modified: May 25, 2011