- 3 - Tax. Code secs. 23301 and 23302 (West 1992 & Supp. 1999), the State of California Franchise Tax Board (the Board) suspended petitioner’s corporate powers, rights, and privileges for failure to pay State income taxes. The State of California secretary of state certified through a document entitled “DOMESTIC CORPORATION CERTIFICATE OF FILING AND SUSPENSION” that petitioner’s corporate powers, rights, and privileges were suspended on April 1, 1991, and that they continued to be suspended as of February 15, 2000. On February 28, 2000, the Board issued to petitioner a “CERTIFICATE OF REVIVOR” providing in relevant part that petitioner, effective February 28, 2000, “has been relieved of suspension * * * and is now in good standing with the Franchise Tax Board.” On July 1, 1999, respondent issued petitioner a notice of deficiency. Petitioner, through its counsel, Wayne Hagendorf, filed its petition with the Court on August 12, 1999. On the date of filing, petitioner’s mailing address and principal place of business were in Houston, Texas. Discussion We must decide whether we have jurisdiction to decide this case. We are a legislatively created (Article I) Court, and, as such, our jurisdiction flows directly from Congress. See Freytag v. Commissioner, 501 U.S. 868, 870 (1991); Kelley v. Commissioner, 45 F.3d 348, 351 (9th Cir. 1995), affg. T.C. Memo.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011