- 12 - requirements or made any demands with respect to the manner in which the flooring business was operated. On the basis of the record, we find that Harlan’s relationship to the property transferred to Floors Trust did not differ in any material respect after the transfer. See Gouveia v. Commissioner, T.C. Memo. 2004-256; Norton v. Commissioner, T.C. Memo. 2002-137. B. Independent Trustee At its creation, the trustees of Floors Trust were Jody and Roland. On May 1, 1996, Roland purported to resign and appoint Becky as his replacement. Petitioners admit that the requirements of the trust instrument were not observed in this purported resignation and replacement.7 Roland’s resignation was not witnessed, and there is no contemporaneous written evidence that Jody approved the appointment of Becky as successor trustee, as required in the trust instrument. Thus, petitioners were at best somewhat lax with respect to the trust’s formal requirements concerning trustees, and the competent evidence in this case fails to establish unequivocally that Becky was a trustee. If Roland’s purported resignation and replacement by Becky in 1996 were ineffective, then the only duly appointed trustees in 1998 7 Petitioners attached to their brief a “memo” in which Jody admits that Roland’s 1996 resignation was not witnessed or recorded in the trust minutes as required by the trust instrument. Further, Jody admits that he failed to sign the purported appointment of Becky in 1996.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
Last modified: May 25, 2011