Universal Trust 06-15-90 - Page 18

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                    also claims that he was petitioner’s trustee when he signed the                                                                                        
                    petition in February 1998 and that he has been petitioner’s                                                                                            
                    trustee throughout this proceeding.                                                                                                                    
                              We conclude that Mr. Chisum has not shown that he was                                                                                        
                    petitioner’s trustee (or that he otherwise had authority to                                                                                            
                    commence litigation on behalf of petitioner) when he signed the                                                                                        
                    petition or at any other time.  Our conclusion is based on the                                                                                         
                    following aspects of the record.                                                                                                                       
                              First, many of the documents Mr. Chisum has submitted to the                                                                                 
                    Court contradict his claim that he personally has been                                                                                                 
                    petitioner’s trustee since 1997.  For example, Mr. Chisum signed                                                                                       
                    the petition as “Managing Agent for Trustee”, not as “Trustee”;                                                                                        
                    the caption placed on the petition by Mr. Chisum identified the                                                                                        
                    “Petitioner” as “UNIVERSAL TRUST 06-15-90" without identifying                                                                                         
                    the trustee.  Shortly after the petition was filed, the Court on                                                                                       
                    its own motion changed the caption of the case at hand to the                                                                                          
                    following: “Universal Trust 06-15-90, Four WS TT01, Trustee,                                                                                           
                    Petitioner v. Commissioner”.  Mr. Chisum did not object to the                                                                                         
                    Court’s identification of Four WS TT01 as petitioner’s trustee,                                                                                        
                    either when the Court changed the caption or at any later time.                                                                                        
                    Moreover, Mr. Chisum continued to sign documents submitted to the                                                                                      
                    Court above the typewritten names “Four WS TT01, Trustee” or                                                                                           
                    “Agent for Trustee”.  Mr. Chisum did not file a motion or other                                                                                        
                    document identifying himself as trustee until after the hearing                                                                                        

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