- 8 - Main-Hammond Land Trust v. Commissioner, 17 T.C. 942 (1951), affd. on other grounds 200 F.2d 308 (6th Cir. 1952). In the same vein, we have retained jurisdiction over petitions filed while a trust was active but had terminated after the petition was filed. See Patz Trust v. Commissioner, 69 T.C. 497 (1977); Main-Hammond Land Trust v. Commissioner, supra. The principles of these earlier opinions support our holding that while we retain jurisdiction over petitions filed when a trust was active even though subsequently voided, the trustee of a terminated or voided trust should not be preferred to the true party in interest where the trust has terminated or been voided and the subject of the trust returned to the settlor. In this situation, it is appropriate to favor the settlor over the trustee. Mr. Siebert did cite some cases3 in support of his position that he is and should continue as the taxpayer in this proceeding and that Ms. Elton should not be allowed to be substituted as the party petitioner herein. Those cases, however, are inapposite because they involve the question of who is obligated to report income and generally turn on factors such as ownership and title of income-producing property. Here, no one has questioned Mr. Siebert’s ability to file the petition commencing this case. The 3 See Griffiths v. Helvering, 308 U.S. 355 (1939); Edward G. Swartz, Inc. v. Commissioner, 25 B.T.A. 1065 (1932), affd. 69 F.2d 633 (5th Cir. 1934); Philadelphia Rapid Transit Co. v. United States, 81 Ct. Cl. 289, 10 F. Supp. 591 (1935).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011