Sharon E. Backstrom, Harold J. and Zelma G. Barbret, Virginia Boland, John A. and Theresa A. Cislaghi, Estate of Roger W. Dornbrock, Gary E. and Beverly G. Engel, Hermann K. and Helen W. Enzmann, - Page 15

                                       - 15 -                                         

          at 441.  Ratification requires a showing of proper authorization            
          by the signing party to act on behalf of the nonsigning party.              
          Id.                                                                         
               When a petition is filed by an attorney on behalf of a                 
          taxpayer, the question is whether that taxpayer authorized the              
          attorney to act on his or her behalf.  This is a factual question           
          to be decided based on 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, this Court 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.  That grant of authority was sufficient           
          to allow the taxpayer's spouse to hire an attorney to file a                
          joint petition with this Court.  This Court held that it had                
          jurisdiction over the taxpayer even though she never signed the             
          petition because she impliedly authorized it through her spouse.            







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