- 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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