ABFA Trust - Page 5




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          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.                                                              





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