Caralan Trust, et al. - Page 7




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                    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 has                   






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