- 16 - (10th Cir. 1971); Lawrence v. Commissioner, 27 T.C. 713 (1957), revd. on other grounds 258 F.2d 562 (9th Cir. 1958). The U.S. Court of Appeals for the Ninth Circuit has not addressed this specific question and, accordingly, it is not necessary to analyze whether the consent was properly executed under any other theory. Additionally, the circumstances here are reminiscent of those we considered in Mishawaka Properties v. Commissioner, 100 T.C. 353 (1993) (Mishawaka). In Mishawaka, a TEFRA partnership petition filed during the period designated for the TMP was executed by a partner other than the TMP for that partnership. Neither Mishawaka Properties Co.'s partners nor respondent designated a TMP. About 4 years after the petition was filed and after pretrial and test case activity, Mishawaka Properties Co.'s partners moved to dismiss because the petition was filed by a partner other than a TMP. Relying on Kraasch v. Commissioner, 70 T.C. 623 (1978), we held that the Mishawaka Properties Co. partners implicitly adopted and/or ratified the filing of the petition by knowingly allowing their interests to be represented before the Internal Revenue Service and before this Court. In part, our holding relied on California cases providing that “A purported agent's act may be adopted expressly or it may be adopted by implication based on conduct of the purported principal from which an intention to consent to or adopt the act may be fairly inferred, including conduct which is 'inconsistent with any reasonablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011