- 15 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011