- 14 - (c) Capacity: * * * The capacity of a fiduciary or other representative to litigate in the Court shall be determined in accordance with the law of the jurisdiction from which such person’s authority is derived. C. Mr. Hogue’s Burden Mr. Hogue has the burden of proving that the Court has jurisdiction, see Fehrs v. Commissioner, 65 T.C. 346, 348 (1975); Natl. Comm. to Secure Justice v. Commissioner, 27 T.C. 837, 839 (1957), by establishing affirmatively all facts giving rise to our jurisdiction, see Wheeler’s Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180 (1960); Consol. Cos. v. Commissioner, 15 B.T.A. 645, 651 (1929). In order to meet that burden, Mr. Hogue must provide evidence establishing that he has authority to act on behalf of the trust. See Natl. Comm. to Secure Justice v. Commissioner, supra at 839-840; Coca-Cola Bottling Co. v. Commissioner, 22 B.T.A. 686, 700 (1931). D. Discussion 1. Introduction As evidence that he has authority to act on behalf of the trust, Mr. Hogue offers the trust declaration together with documents by which Douglas J. Carpa resigned as trustee and, purportedly, appointed Mr. Hogue his successor. Mr. Hogue relies specifically on article fourth of the trust declaration, which, in pertinent part, states: “This agreement and trust created hereby shall be administered, managed, governed and regulated inPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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