Quantum Investments, L.L.C. - Page 8




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          T.C. Memo. 2000-226, wherein Mr. Wilde claimed that he was                  
          appointed trustee by the resigning trustee, Stern & Stein.  In              
          Renaissance Enters. Trust, Mr. Wilde submitted minutes from Stern           
          & Stein as proof of his appointment which mirror the minutes                
          submitted in this case except for the title on the top of the               
          document.  It appears that Mr. Wilde simply copied the minutes              
          submitted in Renaissance Enters. Trust and submitted them as                
          Morgan, Kramer’s minutes in the present case.  We therefore                 
          question the authenticity of the minutes.                                   
               At the hearing, Mr. Wilde submitted on behalf of petitioner            
          the certification and the purported trust document.4  Petitioner            
          alleges that the certification and the purported trust document             
          attest to the chain of petitioner’s trustees and show that Mr.              
          Wilde is a current trustee of petitioner.  The purported trust              
          document is incomplete, and when both it and the certification              
          are viewed in light of the questionable minutes submitted by Mr.            
          Wilde, we are not persuaded by these documents that Mr. Wilde is            
          the duly appointed and authorized trustee of petitioner.                    


               4  In Troy Enters. Trust v. Commissioner, T.C. Memo. 2000-             
          227, which we recently decided, the Commissioner filed a motion             
          to dismiss for lack of jurisdiction based on the Commissioner’s             
          assertion that Mr. Wilde was not a trustee of Troy Enterprises              
          Trust or Yale Enterprises Trust.  In Troy Enters. Trust, we held            
          that Mr. Wilde did not have the requisite capacity to file a                
          petition on behalf of Troy Enterprises Trust and Yale Enterprises           
          Trust.  In that case, however, the certification and purported              
          trust document were not part of the record.  Because those                  
          documents are part of the record in the instant case, we review             
          them in making our determination in this case.                              





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