Acme Equipment Trust, Robert Hogue, Trustee - Page 9




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               Among the partially completed bank documents is a “trustee             
          certification” for Acme Equipment Trust.  This document                     
          identifies the settlor of the trust as a Robin Morgan and the               
          trustee as Robert Hogue.                                                    
               H.  Hearings on Respondent’s Motion                                    
               This matter was called for hearing at the Court’s motions              
          sessions held in Washington, D.C., on September 25 and October              
          23, 2002.  Counsel for respondent appeared at the hearings and              
          offered argument and evidence in support of respondent’s motion             
          to dismiss, as supplemented.  There was no appearance by or on              
          behalf of Acme at either hearing, nor did Acme file any written             
          statement pursuant to Rule 50(c).                                           
          Discussion                                                                  
               According to respondent, Acme failed to show that Robert               
          Hogue is its duly appointed trustee.  Respondent asserts that as            
          a result, no valid petition has been filed and the Court must               
          dismiss this case for lack of jurisdiction.  We agree.                      
               It is well settled that the taxpayer has the burden of                 
          proving the Court’s jurisdiction by affirmatively establishing              
          all facts giving rise to our jurisdiction.  See Patz Trust v.               
          Commissioner, 69 T.C. 497, 503 (1977); Fehrs v. Commissioner, 65            
          T.C. 346, 348 (1975); Wheeler’s Peachtree Pharmacy, Inc. v.                 
          Commissioner, 35 T.C. 177, 180 (1960); Natl. Comm. To Secure                
          Justice v. Commissioner, 27 T.C. 837, 838-839 (1957).                       






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