David Dung Le, M.D., Inc. - Page 3




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          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.            





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