Greg William Gouveia, a.k.a. Greg W. Gouveia, a.k.a. Greg Gouveia & Carol Ann Gorveia, a.k.a. Carol Gouveia, et al. - Page 24

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               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 by                       






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