Cascade Partnership, James M. and Margaret C. Costello, Tax Matters Partner - Page 17

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               intention on his part, other than that he intended                     
               approving and adopting it.'"  * * *[Rakestraw v.                       
               Rodrigues, 500 P.2d 1401] at 1405 [1972] (quoting                      
               Ballard v. Nye, 138 Cal. 588, 597, 72 P. 156, 159                      
               (1903)).                                                               
          Mishawaka Properties v. Commissioner, supra at 364-365.  We                 
          further stated that:                                                        
               The underlying concept of the implied ratification                     
               principle is to reach the same result where the                        
               person(s) with control over the authority allow others                 
               to exercise it without repudiation.  That principle is                 
               no less appropriate or proper in the setting of                        
               sections 6226 and 6231 than in sections 6212 and 6213.                 
          Id. at 365.  Although the holding in Mishawaka is not directly              
          relevant, the circumstances and rationale of that case are                  
          comparable to those considered in this case.                                
               To reflect the foregoing,                                              
                                             An appropriate order will be             
                                        issued granting respondent’s and              
                                        denying petitioner’s motion for               
                                        partial summary judgment.                     


















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