- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 Next
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