- 10 - 11. Criss Asset Management Trust failed to estab- lish that a trustee, if authorized, acted on its behalf when the purported petition was filed with the Court on September 14, 2000. 12. Criss Asset Management Trust failed to file a proper petition with this Court in that the petition was not brought by and with the full descriptive name of the fiduciary entitled to institute a case on its behalf. 13. Since the petition in this case was not brought by a party with proper capacity as required by the Tax Court Rules of Practice and Procedure, the Court lacks jurisdiction in the above-entitled case [at docket No. 9702-00]. On December 20, 2001, Criss Trust filed a response to the December 3, 2001 Show Cause Order (Criss Trust’s response to the December 3, 2001 Show Cause Order), which was signed by Terrence A. Bentivegna (Mr. Bentivegna) who identified himself in that response as “Trustee”. That response asserted that “Petitioner does not believe that this Court has jurisdiction.” In support of that position, Criss Trust’s response to the December 3, 2001 Show Cause Order set forth statements and contentions that thePage: 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