David Allen - Page 22




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               As stated above, because David came into actual possession of          
          his father's assets, David is the statutory executor of Sloan’s             
          estate pursuant to section 2203.  As such, he was the proper                
          individual to receive the notices of deficiency under section 6212.         
          Accordingly, we hold that the notices of deficiency giving rise to          
          docket Nos. 24986-97 and 24987-97 are valid.                                
               We now turn to whether David had authority to petition the             
          Court on behalf of Sloan’s estate.  David argues that because no            
          fiduciary of Sloan’s estate had been appointed, he improperly filed         
          the petitions in docket Nos. 24986-97 and 24987-97.  We disagree.           
          As stated supra, David was the statutory executor of Sloan’s estate         
          pursuant to section 2203.  As such, pursuant to Rule 60,4 David had         
          authority to contest the notices of deficiency involved in docket           
          Nos. 24986-97 and 24987-97.                                                 



               4    Rule 60(a) provides in pertinent part:                            
                    Rule 60.  Proper Parties; Capacity                                
                         (a) Petitioner: (1) Deficiency or                            
                    Liability Actions:  A case shall be brought                       
                    by and in the name of the person against whom                     
                    the Commissioner determined the deficiency                        
                    (in the case of a notice of deficiency) or                        
                    liability (in the case of a notice of                             
                    liability), or by and with the full                               
                    descriptive name of the fiduciary entitled to                     
                    institute a case on behalf of such person. *                      
                    * *                                                               







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