- 7 - of petitioner.1 At that hearing, respondent introduced into the record a document signed by the Secretary of State of Nebraska.2 That document stated in pertinent part: I, Scott Moore, Secretary of State of Nebraska do hereby certify that after a thorough search of all records, I do not find a record of a corporation by the name PRUDENT MAN TRUSTEE CO. ever having filed Articles of Incorporation or issued a Certificate of Authority to transact business as a foreign corporation in the state of Nebraska. Discussion Rule 603 provides in pertinent part: (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 by and with the full descriptive name of the fiduciary entitled to institute a case on behalf of such person. See Rule 23(a)(1). A case timely brought shall not be dismissed on the ground that it is not properly brought on behalf of a party until a reason- able time has been allowed after objection for ratifi- cation by such party of the bringing of the case; and 1At the hearing, the Court informed Mr. Chisum that its allowing him to appear at the hearing as the alleged trustee of petitioner did not mean that the Court agreed that he in fact was a duly appointed and authorized trustee of petitioner. 2Presumably, respondent proffered the document in question at the hearing on respondent’s motion and petitioner’s motion because one of the addresses to which respondent sent the notice issued to petitioner was in Nebraska. 3All Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011