- 24 - In the motions to dismiss the cases filed on behalf of the Pago and McKenzie Trusts, respondent alleges that both trusts have failed to show that: (1) Mr. Norton and Mr. Boatright were acting as trustees on January 13, 2003, when the petitions were filed; (2) Mr. Norton and Mr. Boatright have ever been represented by Mr. Izen in connection with the filing of the petitions; and (3) Mr. Norton and Mr. Boatright authorized Mr. Izen to file the petitions on behalf of the trusts. As a result, respondent argues, the petitions were not filed by the proper party, and we should dismiss the trusts’ petitions for lack of jurisdiction. Petitioners argue that by signing Forms 56 and 2848, Mr. Norton and Mr. Boatright identified themselves as participants in the trust arrangement and authorized Mr. Izen to represent the Pago and McKenzie Trusts. Petitioners further argue that because respondent never challenged the validity of Forms 56 and Forms 2848 during the audit, or at any other proceeding, respondent should be estopped from asserting that Mr. Izen lacked authority to file the petitions on behalf of the Pago and McKenzie Trusts. Unless a petition is filed by the taxpayer or someone lawfully authorized to act on behalf of the taxpayer, we are without jurisdiction to consider the petition. See Fehrs v. Commissioner, 65 T.C. 346, 348 (1975). Petitioners have the burden of proving that this Court has jurisdiction byPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011