B. Joe Rosa, Jr. An Accountancy Coproration - Page 3

                                        - 3 -                                         
               In response to the petition, respondent filed a Motion to              
          Dismiss for Lack of Jurisdiction asserting that the petition                
          should be dismissed on the ground that the petition was not filed           
          within the 90-day period prescribed in section 6213(a).                     
          Petitioner filed an objection to respondent's motion to dismiss             
          asserting that the petition was timely filed pursuant to section            
          6213(f), which suspends the period for filing a petition with               
          this Court for the period during which a taxpayer/debtor is                 
          prohibited by reason of bankruptcy from filing a petition and for           
          60 days thereafter.  Petitioner's objection includes a statement            
          that petitioner was dissolved under California State law prior to           
          filing for bankruptcy.  Respondent filed a reply to petitioner's            
          objection asserting that: (1) Petitioner did not file a                     
          bankruptcy petition, and, thus, is not entitled to rely on                  
          section 6213(f); and (2) petitioner's purported dissolution under           
          California State law would not preclude petitioner from filing a            
          petition with this Court.                                                   
               A hearing was conducted in this case in Washington, D.C.               
          Counsel for respondent appeared at the hearing and presented a              
          new theory in support of respondent's motion to dismiss.  In                
          particular, respondent offered evidence indicating that, rather             
          than being dissolved, petitioner's corporate charter was                    
          suspended by the State of California as of May 3, 1993, for                 
          failure to pay State franchise taxes.  Relying on Cal. Rev. & Tax           
          Code sec. 23301(b) (West 1992), and Condo v. Commissioner, 69               




Page:  Previous  1  2  3  4  5  6  7  Next

Last modified: May 25, 2011