Residential Management Services Trust - Page 14




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               (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 in            






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