Jeff Burger Productions - Page 9




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          all facts giving rise to our jurisdiction, see Wheeler's Peach-             
          tree 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. Chisum has authority to act on               
          behalf of Banana Moon Trust, the purported TMP of Jeff Burger               
          Productions.  See National Comm. to Secure Justice in the Rosen-            
          berg 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 under Arizona law the validity of the            
          purported appointment of Mr. Chisum as the trustee of Banana Moon           
          Trust falls within the exclusive jurisdiction of the courts of              
          the State of Arizona.                                                       
               On the record before us, we find that petitioner has failed            
          to establish that Mr. Chisum is authorized to act on behalf of              
          Banana Moon Trust, the purported TMP of Jeff Burger Productions.4           











               4We have considered all of the contentions and arguments of            
          petitioner that are not discussed herein, and we find them to be            
          without merit and/or irrelevant.                                            





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