Quantum Investments, L.L.C. - Page 7




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          applies in determining the capacity of a fiduciary to petition              
          this Court.  Under Arizona law, a trustee has the capacity to               
          institute court proceedings on behalf of a trust and is thus the            
          proper party to file a petition on behalf of a trust in this                
          Court.  See Ariz. Rev. Stat. Ann. sec. 14-7233.C.25 (West 1995).            
               Petitioner bears the burden of proving that this Court has             
          jurisdiction by establishing affirmatively all facts giving rise            
          to our jurisdiction.  See Patz v. Commissioner, 69 T.C. 497, 503            
          (1977); Fehrs v. Commissioner, 65 T.C. 346, 348 (1975); Wheeler’s           
          Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180                  
          (1960); National Comm. to Secure Justice v. Commissioner, 27 T.C.           
          837, 839 (1957); Consolidated Cos. v. Commissioner, 15 B.T.A.               
          645, 651 (1929).  In order to meet that burden, petitioner must             
          provide evidence establishing that Mr. Wilde has authority to act           
          on its behalf.  See National Comm. to Secure Justice v.                     
          Commissioner, supra at 839-840; Coca-Cola Bottling Co. v.                   
          Commissioner, 22 B.T.A. 686, 700 (1931).                                    
               Petitioner submitted the minutes as evidence.  The minutes             
          purport to be the minutes of Morgan, Kramer.  Within the minutes,           
          however, there is a reference to “Stern & Stein” which implies              
          that the minutes are documenting the withdrawal of Stern & Stein            
          as trustee and not the withdrawal of Morgan, Kramer as trustee.             
          We note that Mr. Wilde was recently involved in another matter              
          before this Court, Renaissance Enters. Trust v. Commissioner,               






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