- 5 - Commissioner, 114 T.C. 268 (2000); Renaissance Enter. Trust v. Commissioner, T.C. Memo. 2000-226. Whether petitioner has the capacity to litigate in this Court is determined by applicable State law, which, in this case, appears to be the law of Virginia.4 See Rule 60(c). On the basis of our review of that law, we are unable to conclude that Mr. Jablonski, the only signatory on the petition, had the requisite capacity to petition this Court on petitioner’s behalf. Accord Mendenhall v. Douglas L. Cooper, Inc., 387 S.E.2d 468 (Va. 1990); Raney v. Four Thirty Seven Land Co., 357 S.E.2d 733, 736 (Va. 1987); Fisher v. Dickenson, 4 S.E. 737 (Va. 1888); cf. Walt Robbins, Inc. v. Damon Corp., 348 S.E.2d 223, 226 (Va. 1986) (the trustee of an antecedent deed of trust is a necessary party in a suit to enforce a mechanic's lien). Petitioner is purportedly a trust, and Mr. Jablonski has not been proven to be its trustee. Petitioner has left us unpersuaded that we have jurisdiction over its case. Thus, we shall grant respondent’s motion to dismiss this case for lack of jurisdiction.5 See AL Trust v. Commissioner, T.C. Memo. 2000-276; YMO Trust v. Commissioner, 4 Petitioner’s mailing address is in Alexandria, Virginia. 5 Petitioner has also failed to persuade us that it actually existed on the date of the petition. We lack jurisdiction when a petitioning trust is a nonexisting entity, and such is the case where a trust lacks a corpus. See Patz v. Commissioner, 69 T.C. 497, 501 (1977). The record leads us to believe that petitioner has no corpus.Page: Previous 1 2 3 4 5 6 Next
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