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 17

                                       - 17 -                                         

          Mrs. Dornbrock, therefore, has not convinced this Court that it             
          lacked jurisdiction over her in this case.                                  
               Mrs. Dornbrock further contends that this Court lacked                 
          jurisdiction over her husband's estate at the time the decision             
          was entered.  The petition was filed timely on July 11, 1985, and           
          Mr. Dornbrock died in 1987 while this case was pending.  Prior to           
          entry of the decision, the Court ordered, pursuant to Rule 63(a),           
          that the estate of her husband, through Mrs. Dornbrock as                   
          personal representative, be substituted as a petitioner in this             
          case.                                                                       
               It is well settled that a petitioner's death does not divest           
          this Court of jurisdiction over the income tax liability of such            
          petitioner for years at issue.  Nordstrom v. Commissioner, 50               
          T.C. 30 (1968); Yeoman v. Commissioner, 25 T.C. 589 (1955).  This           
          Court's jurisdiction is based on the petition, which here was               
          timely filed on Mr. Dornbrock's behalf while he was alive and               
          which he authorized.  Sec. 6213(a); Rule 13.  Once this Court has           
          jurisdiction, the case does not abate upon petitioner's death.              
          Duggan v. Commissioner, 18 B.T.A. 608 (1930).                               
               When a petitioner dies, the Court generally will order that            
          a representative or successor be substituted as the proper party.           
          Rule 63(a).  The legal capacity in this Court of a representative           
          is controlled by Rule 60(c).  This Court applies local law to               
          determine who may represent the decedent's estate in this Court.            





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