- 5 - Commissioner, 114 T.C. 268 (2000); Renaissance Enters. Trust v. Commissioner, T.C. Memo. 2000-226. Whether petitioner has the capacity to litigate in this Court is determined by applicable State law, which, in this case, appears to be the law of Virginia.4 See Rule 60(c). On the basis of our review of that law and of the trust instrument, we are unable to conclude that Mr. Jablonski, the only signatory on the petition, had the requisite capacity to petition this Court on petitioner’s behalf. Accord Mendenhall v. Douglas L. Cooper, Inc., 387 S.E.2d 468 (Va. 1990); Raney v. Four Thirty Seven Land Co., 357 S.E.2d 733, 736 (Va. 1987); Fisher v. Dickenson, 4 S.E. 737 (Va. 1888); cf. Walt Robbins, Inc. v. Damon Corp., 348 S.E.2d 223, 226 (Va. 1986) (the trustee of an antecedent deed of trust is a necessary party in a suit to enforce a mechanic's lien). Petitioner is purportedly an irrevocable trust, and Mr. Jablonski is not petitioner’s trustee;5 Mr. Jablonski is listed on the petition, but not in the trust instrument, as petitioner’s so- called managing director. The trust instrument does not define 4 In addition to the fact that petitioner’s mailing address is in Alexandria, Virginia, the trust instrument was executed in that city. 5 The record does contain a letter dated Mar. 24, 2000, from Mr. Jablonski to respondent’s counsel, that Mr. Jabonski signed as “Trusttee” (sic). However, the trust instrument does not name Mr. Jablonski as trustee. The record as a whole does not support a finding that Mr. Jablonski is petitioner’s trustee.Page: Previous 1 2 3 4 5 6 7 Next
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