- 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011