Bantam Domestic Trust - Page 7




                                        - 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