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Tax Board is not paid. Cal. Rev. & Tax Code sec. 23302(c) (West
1992) provides that the Franchise Tax Board shall transmit the
names of suspended taxpayers to the California Secretary of State
and the certificate of the Secretary of State shall be prima
facie evidence of a taxpayer's suspension or forfeiture.
In Condo v. Commissioner, supra, a case involving facts
virtually identical to those presented here, we analyzed
California State law, including the statutory provisions cited
above, and concluded that, because the corporate taxpayer lacked
the capacity to both sue and defend against a suit in a State
court, it likewise did not possess the capacity to litigate in
this Court under Rule 60(c). For similar holdings, see Vahlco
Corp. v. Commissioner, 97 T.C. 428 (1991) (petition filed by
corporation suspended pursuant to Texas State law dismissed for
lack of jurisdiction); Padre Island Thunderbird, Inc. v.
Commissioner, 72 T.C. 391 (1979) (petition filed by corporation
suspended pursuant to Illinois State law dismissed for lack of
jurisdiction).
The record in this case establishes that petitioner's
powers, rights, and privileges as a California corporation were
suspended by the California Secretary of State pursuant to Cal.
Rev. & Tax Code secs. 23301(b) and 23302(c) (West 1992) as of May
3, 1993. Petitioner has offered no evidence that its corporate
powers have been reinstated. Consistent with Condo v.
Commissioner, supra, we will grant respondent's Motion to Dismiss
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