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the term “managing director”, and it does not set forth the
powers, duties, or responsibilities of a person who holds that
title.6 Nor is petitioner’s trustee a party to this proceeding.
According to the trust instrument, petitioner’s cotrustees are
Ron Honeycutt and Jerald Tobin, and the petition that was filed
with the Court by Mr. Jablonski makes no reference to either of
those two.
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.7 See YMO Trust v.
Commissioner, T.C. Memo. 2000-275; BHC Trust v. Commissioner,
T.C. Memo. 2000-274; Malvern Hills Trust v. Commissioner, T.C.
6 By contrast, the trust instrument provides explicitly that
“THE TRUSTEES shall hold all property of the Trust Organization
as joint tenants in fee simple and shall comprise the Board of
Trustees for conducting the affairs of the Trust Organization.”
The trust instrument provides further that “THE TRUSTEES shall
hold office and exercise collectively the control of the Trust
Organization property and affairs. All major actions and
decisions * * * on the part of the Trust Organization shall be
made by the Trustees acting unanimously”.
7 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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Last modified: May 25, 2011