The Adorno Asset Management Trust - Page 15

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          837, 838-839 (1957).  Furthermore, unless the petition is filed             
          by the taxpayer, or by someone lawfully authorized to act on the            
          taxpayer’s behalf, we are without jurisdiction.  See Fehrs v.               
          Commissioner, supra at 348.                                                 
               Rule 60(a) requires that a case be brought “by and in the              
          name of the person against whom the Commissioner determined the             
          deficiency * * * or by and with the full descriptive name of the            
          fiduciary entitled to institute a case on behalf of such person.            
          See Rule 23(a)(1).”  Rule 60(c) states that 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.”  The record shows that           
          Illinois State law is controlling in this case.                             
               Under Illinois law, only the trustee17 is authorized to                
          commence litigation on behalf of a trust.  760 Ill. Comp. Stat.             
          Ann. 5/4.11 (West 1992).18  In this respect, the Illinois Trusts            


               17  For purposes of the Ill. Trusts and Trustees Act, see              
          760 Ill. Comp. Stat. Ann. 5/1 (West 1992), a “trust” means a                
          trust created by agreement, declaration or other written                    
          instrument.  760 Ill. Comp. Stat. Ann. 5/2(1) (West 1992).  Thus,           
          the Ill. Trusts and Trustees Act is applicable to a business                
          trust.  See id. at 5/4.23.  A “trustee” is defined as “the                  
          trustee or any successor or added trustee of the trust, whether             
          appointed by or pursuant to the instrument creating the trust, by           
          order of court or otherwise”.  760 Ill. Comp. Stat. Ann. 5/2(2)             
          (West 1992).                                                                
               18  See Pierce v. Chester Johnson Elec. Co., 454 N.E.2d 55,            
          57 (Ill. App. Ct. 1983) (trustees possess a specific statutory              
          power to sue in a representative capacity on behalf of a trust);            
                                                             (continued...)           





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