Residential Management Services Trust, Robert Hogue, Trustee - Page 13




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          asserts that as a result, no valid petition has been filed and                 
          the Court must dismiss this case for lack of jurisdiction.  We                 
          agree.                                                                         
               It is well established that the taxpayer has the burden of                
          affirmatively establishing all facts giving rise to the Court’s                
          jurisdiction.  See Patz Trust v. Commissioner, 69 T.C. 497, 503                
          (1977); Fehrs v. Commissioner, 65 T.C. 346, 348 (1975); Wheeler’s              
          Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180                     
          (1960); Natl. Comm. To Secure Justice v. Commissioner, 27 T.C.                 
          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.”                                     
               Robert Hogue contends that he was appointed the trustee for               
          Residential Management in accordance with paragraph Eighth of the              
          altered trust instrument.  That paragraph provides, in pertinent               






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