- 6 - the term “managing director”, and it does not set forth the powers, duties, or responsibilities of a person who holds that title.6 Nor is petitioner’s trustee a party to this proceeding. According to the trust instrument, petitioner’s trustee is the David Johnson Trust, the trustee of which is Zola Sheenan. The petition that was filed with the Court by Mr. Jablonski makes no reference to either Ms. Sheenan or the David Johnson Trust. Petitioner has left us unpersuaded that we have jurisdiction over its case. Thus, we shall grant respondent’s motion to dismiss this case for lack of jurisdiction.7 See AL Trust v. Commissioner, T.C. Memo. 2000-276; YMO Trust v. Commissioner, T.C. Memo. 2000-275; BHC Trust v. Commissioner, T.C. Memo. 2000- 6 By contrast, the trust instrument provides explicitly that “THE TRUSTEES shall hold all property of the Trust Organization as joint tenants in fee simple and shall comprise the Board of Trustees for conducting the affairs of the Trust Organization.” The trust instrument provides further that “THE TRUSTEES shall hold office and exercise collectively the control of the Trust Organization property and affairs. All major actions and decisions * * * on the part of the Trust Organization shall be made by the Trustees acting unanimously”. We also note that the record contains a document dated Apr. 28, 1994, entitled “MINUTES OF THE INITIAL TRUSTEE MEETING OF PM TRUST.” This document provides that the managing director is authorized to “conduct day to day routine business”. This document provides further that the managing director must receive board approval for any important matter; e.g., a legal determination. 7 Petitioner has also failed to persuade us that it actually existed on the date of the petition. We lack jurisdiction when a petitioning trust is a nonexisting entity. See Patz v. Commissioner, 69 T.C. 497, 501 (1977).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011