-13- he is an interested party under section 1.7476-1(b)(5), Income Tax Regs., relating to plan terminations. We agree with respondent Commissioner. (1) Preliminary Comments Firstly, it is well settled that this Court can proceed in a case only if we have jurisdiction and that any party, or the Court sua sponte, can question jurisdiction at any time, even after the case has been tried and briefed. Normac, Inc. & Normac International v. Commissioner, 90 T.C. 142, 146-147 (1988); Kahle v. Commissioner, 88 T.C. 1063 n.3 (1987), and cases cited therein. We have jurisdiction to determine jurisdiction and “whenever it appears that this Court may not have jurisdiction to entertain the proceeding that question must be decided.” Wheeler’s Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 179 (1960); 508 Clinton Street Corp. v. Commissioner, 89 T.C. 352, 353 n.2 (1987). Where this Court’s jurisdiction is duly challenged, the jurisdiction must be affirmatively shown. Wheeler’s Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. at 180; Louisiana Naval Stores, Inc. v. Commissioner, 18 B.T.A. 533, 536-537 (1929). In particular, petitioner has the burden of proving that the jurisdictional requirements of section 7476 have been met. Rule 217(c)(1)(A); Halliburton Co. v. Commissioner, 98 T.C. 88, 94 (1992); BBS Associates, Inc. v. Commissioner, 74 T.C. 1118, 1120-Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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