Herbst Asset Management Trust, et al. - Page 10




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               show cause in writing why the Court has jurisdiction                   
               over this case, including the identity of any purported                
               fiduciary of petitioner and a detailed analysis of why                 
               such purported fiduciary has the capacity to litigate                  
               in the Court on behalf of petitioner.                                  
               On December 19, 2001, respondent filed separate written                
          responses to the December 3, 2001 Show Cause Orders in the cases            
          at docket Nos. 9999-00 and 10000-00 in which respondent con-                
          tended, inter alia, that Herbst Management Trust and Herbst                 
          Charitable Trust, respectively,                                             
                    11.  * * * failed to establish that a trustee, if                 
               authorized, acted on its behalf when the purported                     
               petition was filed with the Court on September 25,                     
               2000.                                                                  
                    12.  * * * 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 enti-                  
               tled to institute a case on its behalf.                                
          Respondent further argued in those separate responses to the                
          December 3, 2001 Show Cause Orders in the cases at docket Nos.              
          9999-00 and 10000-00 that                                                   
               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 juris-                
               diction * * *.                                                         
               On December 20, 2001, Herbst Management Trust and Herbst               
          Charitable Trust filed separate written responses to the December           
          3, 2001 Show Cause Orders in the cases at docket Nos. 9999-00 and           
          10000-00 (Herbst Management Trust’s response to the December 3,             
          2001 Show Cause Order and Herbst Charitable Trust’s response to             
          the December 3, 2001 Show Cause Order, respectively), each of               






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