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respondent mailed to petitioner a notice of deficiency in which
she determined Federal income tax deficiencies in the amounts of
$21,685 and $26,695 for 1990 and 1991, respectively, an addition
to tax under section 6651(a)(1) for 1991 in the amount of $3,831,
and penalties under section 6662(a) in the amounts of $5,388 and
$5,108 for 1990 and 1991, respectively. Petitioner filed a
petition for redetermination on December 15, 1994.
In her motion to dismiss respondent argues that 10 years
before the petition was filed in this case, petitioner, a Texas
professional association, was involuntarily dissolved for failure
to file its annual statement. Thus, it is contended that
petitioner is not a proper party to file a petition with the
Court because it did not exist as a legal entity.
Petitioner's response is that the State of Texas has no
power to dissolve a professional association. Even if the State
has such power, petitioner argues, litigation of the corporate
tax liability may be pursued in this Court by petitioner's sole
shareholder for the benefit of the association.
We rely upon the pleadings, the stipulation of facts with
attached exhibits, and status reports of the parties filed in
this case in deciding respondent's motion as well as those of
petitioner.
Petitioner was organized under the laws of Texas as a
professional association on or about January 20, 1972. Its
president and sole shareholder is Joe A. Izen, M.D. (Dr. Izen).
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