John J. Flynn and James H. Thomas - Page 5




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          persons, including an employee who has qualified under                      
          regulations prescribed by the Secretary, are permitted to file a            
          pleading to initiate a proceeding for such a declaratory                    
          judgment.                                                                   
               The Tax Court is a court of limited jurisdiction, and we may           
          exercise our jurisdiction only to the extent authorized by                  
          Congress.  See Naftel v. Commissioner, 85 T.C. 527, 529 (1985).             
          The Court's jurisdiction may be challenged by either party, or by           
          the Court sua sponte, at any stage of the proceedings.  See Smith           
          v. Commissioner, 96 T.C. 10, 13-14 (1991), and cases cited                  
          therein.  Petitioners bear the burden of proving that the                   
          jurisdictional requirements of section 7476 have been met.  See             
          Rule 217(c)(1)(A); Halliburton Co. v. Commissioner, 98 T.C. 88,             
          94 (1992).                                                                  
               Section 1.7476-1(b)(1), Income Tax Regs., provides the                 
          general rule that only present employees qualify as interested              
          parties for purposes of bringing a declaratory judgment action.             
          This general rule applies in the case of certain plan amendments.           
          See Jones v. Commissioner, T.C. Memo. 1980-512, affd. without               
          published opinion 676 F.2d 710 (9th Cir. 1982); sec. 1.7476-                


               3(...continued)                                                        
                    Secretary as an interested party for purposes of                  
                    pursuing administrative remedies within the                       
                    Internal Revenue Service, or the Pension Benefit                  
                    Guaranty Corporation.                                             






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