Arthur Takamoto and Louise Takamoto - Page 6

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          attorney to act on behalf of that person.3  This is a factual               
          question to be decided according to common law principles of                
          agency.  Adams v. Commissioner, 85 T.C. 359, 369-372 (1985);                
          Casey v. Commissioner, T.C. Memo. 1992-672.  Under common law               
          rules of agency, authority may be granted by express statements             
          or may be derived by implication from the principal's words or              
          deeds.  John Arnold Executrak Sys., Inc. v. Commissioner, T.C.              
          Memo. 1990-6 (citing 1 Restatement, Agency 2d, sec. 26 (1957)).             
               In Casey v. Commissioner, supra, we held that the taxpayer's           
          practice of routinely allowing her spouse to handle income tax              
          matters and to open correspondence received from the Commissioner           
          constituted an implied grant of authority to her spouse that                
          allowed him to represent her with respect to their joint income             
          tax matters.  Furthermore, that grant of authority was sufficient           
          to allow the taxpayer's spouse to hire an attorney to file a                
          joint petition with this Court.  We concluded that this Court had           
          jurisdiction over the taxpayer even though she never signed the             
          petition, because she impliedly authorized it.                              
               Petitioner is a well educated individual.  She habitually              
          had turned over the responsibility of dealing with her Federal              


          3   The appearance of an attorney on behalf of an individual                
          creates a presumption that the attorney has the authority to                
          represent that individual.  Osborn v. United States Bank, 22 U.S.           
          (9 Wheat.) 738, 830 (1824); Gray v. Commissioner, 73 T.C. 639,              
          646 (1980).                                                                 




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