B. Joe Rosa, Jr. An Accountancy Coproration - Page 4

                                        - 4 -                                         
          T.C. 149 (1977), respondent now contends that this case should be           
          dismissed on the ground that petitioner lacks the requisite                 
          capacity to file a petition with this Court.  See Rule 60(c).               
               The evidence submitted by respondent at the hearing                    
          regarding the suspension of petitioner's corporate powers was               
          characterized by counsel for respondent as a computer "printout             
          of Westlaw".  The document in question includes the following               
          statement: “THIS DATA IS FOR INFORMATIONAL PURPOSES ONLY.                   
          CERTIFICATION CAN ONLY BE OBTAINED THROUGH THE SACRAMENTO OFFICE            
          OF THE CALIFORNIA SECRETARY OF STATE.”  Following the hearing, we           
          directed respondent to file a report with the Court attaching               
          thereto a certification from the California Secretary of State              
          (as described in Cal. Rev. & Tax Code sec. 23302(c) (West 1992))            
          establishing the date of petitioner's corporate suspension under            
          California State law.  Respondent complied with our order and               
          filed a report with the Court with attached exhibits.  Exhibit A            
          to respondent's report is a Certificate of Filing and Suspension            
          issued by the California Secretary of State on May 29, 1996,                
          stating that petitioner's corporate powers, rights, and                     
          privileges were suspended on May 3, 1993.  Exhibit B to                     
          respondent's report is a bankruptcy discharge order issued by the           
          United States Bankruptcy Court for the Eastern District of                  
          California on June 17, 1995, in regard to the bankruptcy petition           
          of B. Joe Rosa, Jr., and Osanna M. Rosa.  Respondent offered the            
          latter exhibit in support of her earlier contention that                    




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011