Troy Enterprises Trust - Page 4




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               the matter beyond the minute appointing Mr. Wilde as                   
               trustee and determine whether he is the duly authorized                
               Trustee.  In absence of evidence to the contrary the                   
               appointment of John P. Wilde as a Trustee, in the                      
               minutes * * * is presumptively valid unless some                       
               provision of Arizona Law or a court of competent                       
               jurisdiction under the laws of the State of Arizona                    
               have found that the appointment to be invalid.  The                    
               Petitioner need not remind the Court of the                            
               consequences of taking any action over which subject                   
               matter is completely lacking.                                          
               On June 5, 2000, we held a hearing on respondent’s motion              
          wherein Mr. Wilde appeared on behalf of petitioners.                        
          Discussion                                                                  
               This Court is a court of limited jurisdiction.  See Freytag            
          v. Commissioner, 501 U.S. 868, 870 (1991).  Jurisdiction is                 
          predicated upon the timely filing of a petition by the proper               
          party.  See secs. 6213 and 6214; Vincent Engg. Co. v.                       
          Commissioner, T.C. Memo. 1993-435.                                          
               In accordance with Rule 60, a petition may be filed by and             
          in the name of the person against whom the Commissioner                     
          determined the deficiency or by and with the full descriptive               
          name of the fiduciary entitled to institute a case on behalf of             
          such person.  See Rule 60(a)(1).  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).                                                   
               Petitioners are trusts organized under the laws of Arizona.            
          Pursuant to Rule 60(c), Arizona law therefore applies in                    






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