David Dung Le, M.D., Inc. - Page 6




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          law, which, in this case, is the law of California.  See Rule               
          60(c); see also Brannon’s of Shawnee, Inc. v. Commissioner, supra           
          at 111; Condo v. Commissioner, supra at 151.  On the basis of our           
          review of that law, we conclude that petitioner lacked the                  
          requisite capacity to litigate as of the date of the petition.              
          See Condo v. Commissioner, supra; Rosa v. Commissioner, T.C.                
          Memo. 1996-322; see also Community Elec. Serv., Inc. v. National            
          Elec. Contractors Association, Inc., 869 F.2d 1235 (9th Cir.                
          1989).  The following three sections of the California annotated            
          code are relevant to our determination:                                     
               � 23301. Delinquency; suspension or forfeiture of                      
               corporate powers, etc.                                                 
                    Except for the purposes of filing an application                  
               for exempt status or amending the articles of                          
               incorporation as necessary either to perfect that                      
               application or to set forth a new name, the corporate                  
               powers, rights and privileges of a domestic taxpayer                   
               may be suspended, and the exercise of the corporate                    
               powers, rights and privileges of a foreign taxpayer in                 
               this state may be forfeited, if any of the following                   
               conditions occur:                                                      
                    (a) If any tax, penalty, or interest, or any                      
               portion thereof, that is due and payable under Chapter                 
               4 (commencing with Section 19001) of Part 10.2, or                     
               under this part, either at the time the return is                      
               required to be filed or on or before the 15th day of                   
               the ninth month following the close of the income year,                
               is not paid on or before 6 p.m. on the last day of the                 
               12th month after the close of the income year.                         

                    (b) If any tax, penalty, or interest, or any                      
               portion thereof, due and payable under Chapter 4                       
               (commencing with Section 19001) of Part 10.2, or under                 
               this part, upon notice and demand from the Franchise                   
               Tax Board, is not paid on or before 6 p.m. on the last                 




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