A. Lee Petersen and INI Builders, Inc. - Page 38

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          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.                







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