- 38 - would be required to pursue petitioner as a transferee to collect any deficiency that we might determine against INI. As we observed in Great Falls Bonding Agency, Inc. v. Commissioner, supra at 307: Dismissal of the instant case for lack of jurisdiction will not be the occasion for entry of a decision that petitioner [INI] is liable for the determined deficiencies. Sec. 7459(d). * * * [Petitioner] will thus be free to litigate * * * [his] transferor’s liability when * * * [and if his own case is] reached for trial. We shall continue to follow our longstanding rule, under which we have consistently regarded corporate capacity as a jurisdictional prerequisite. See Brannon’s of Shawnee, Inc. v. Commissioner, supra at 114. We therefore grant respondent’s motion to dismiss as to INI for lack of capacity. Because we lack jurisdiction over INI, we do not decide INI’s liabilities for tax and additions to tax. To reflect the foregoing, Decision will be entered for respondent with respect to petitioner A. Lee Petersen, and an order of dismissal will be issued with respect to petitioner INI Builders, Inc.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38
Last modified: May 25, 2011