Bantam Domestic Trust - Page 9




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          case, petitioner has the burden of proving that this Court has              
          jurisdiction, see Fehrs v. Commissioner, 65 T.C. 346, 348 (1975);           
          National Comm. to Secure Justice in the Rosenberg Case v. Commis-           
          sioner, 27 T.C. 837, 839 (1957), by establishing affirmatively              
          all facts giving rise to our jurisdiction, see Wheeler's                    
          Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180                  
          (1960); Consolidated Cos., Inc. v. Commissioner, 15 B.T.A. 645,             
          651 (1929).  In order to meet that burden, petitioner must                  
          provide evidence establishing that Mr. Wilde and Mr. Chisum have            
          authority to act on its behalf.5  See National Comm. to Secure              
          Justice in the Rosenberg Case v. Commissioner, supra at 839-840;            
          Coca-Cola Bottling Co. v. Commissioner, 22 B.T.A. 686, 700                  
          (1931).  We reject petitioner’s position that the validity of the           
          purported appointment of Mr. Wilde and Mr. Chisum as trustees of            
          petitioner falls within the exclusive jurisdiction of the Supe-             
          rior Court of the State of Arizona.                                         

               5Petitioner no longer contends that Mr. Chisum is authorized           
          to act on its behalf in this proceeding as the agent of Prudent             
          Man Trustee Co., and we conclude that it has abandoned any such             
          argument.  Even if it had not abandoned such an argument, on the            
          record before us, we find that petitioner has not shown that Mr.            
          Chisum was properly employed by the trustee of petitioner in                
          accordance with the laws of either the State of Arizona, see                
          Ariz. Rev. Stat. Ann. sec. 14-7233.C.24. (West 1995), or the                
          State of Indiana, see Ind. Code Ann. sec. 30-4-3-3(a)(16) (Michie           
          1989).  We further find that, unless Mr. Chisum is a duly ap-               
          pointed and authorized trustee of petitioner, Mr. Chisum is not             
          authorized to represent or act in this proceeding on behalf of              
          either petitioner or the trustee of petitioner.  See Rules 60,              
          200.                                                                        






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