- 7 - In this case Petitioners concede that they have not authorized someone to act on their behalf, and have not affirmatively established all required facts giving rise to the jurisdiction of the Tax Court. Therefore, the Tax Court lacks the required requisite jurisdiction and must deal with this issue regardless of whether the issue is raised by either party. * * * With respect to Congo Trust, petitioner has failed to establish that there is a proper party before the Court, and, for that reason, we shall dismiss for lack of jurisdiction. See, e.g., Photo Art Mktg. Trust v. Commissioner, T.C. Memo. 2000-57. With respect to Caralan Trust, C E Shirley Trust, and Alexion Trust, in reliance on the motion (and on our earlier conclusion that counsel had established jurisdiction), we shall substitute Ivan Oviedo, Joseph Shirley, and Curtis Shirley, respectively, as party and change caption. In reliance on the statement in the motion that counsel is informed that the trustees do not wish to pursue this matter further, we shall consider that a capitulation by each petitioner trustee to respondent’s position in his case. Respondent’s position is that the income of the Caralan Trust and Alexion Trust is taxable to the J. Shirleys, and the income of the C E Shirley Trust and Congo Trust is taxable to the C. Shirleys. On brief, respondent states that, if the Court so finds, then respondent would concede that there are no deficiencies in tax or section 6662(a) penalties due from any of the trusts. Since we find, in essence, as respondent hasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011