- 17 - because it was found to be based upon the taxpayers' conduct subsequent to the filing of the petition, even though the taxpayers had not expressly approved or authorized the act of filing or signing their names to the petition. In reaching that conclusion, it was noted that the taxpayers were informed and knowledgeable about documents received from the Government and actions taken by their accountant. The Kraasch rationale is rooted in concepts of agency and ratification. In Kraasch, the person who signed the taxpayers' names was representing their interests before the IRS in the handling of their tax matters. Even though the agent did not have specific authority to file a petition on their behalf, a petition was filed, the taxpayers were aware of it, and they were deemed to have ratified it. Florida case law has long recognized that ratification of an agreement occurs where a person expressly or impliedly adopts an act or contract entered into on his or her behalf by another without express authority. See Deutsche Credit Corp. v. Peninger, 603 So. 2d 57 (Fla. Dist. Ct. App. 1992); Carolina Georgia Carpet & Textiles, Inc. v. Pelloni, 370 So. 2d 450 (Fla. Dist. Ct. App. 1979). An agreement is deemed ratified where the principal has full knowledge of all material facts and circumstances relating to the act or transaction at the time ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011