- 12 - respect to the taxpayer that “The corporation has not been reinstated. Therefore, the corporate powers, rights, and privileges of the * * * [taxpayer] have been, and remain, suspended.” Id. at 151-152. Subsequently, in a setting “virtually identical” to Condo, we dismissed the case for lack of jurisdiction, noting that the corporate taxpayer “has offered no evidence that its corporate powers have been reinstated.” Rosa v. Commissioner, T.C. Memo. 1996-322. Petitioner asserts that California law allows it to maintain a lawsuit brought while it was under suspension, as long as its powers are reinstated while the lawsuit is ongoing. We disagree with petitioner’s assertion. Petitioner’s corporate status was not reinstated by the Board until 200 days after the petition was filed, or, in other words, long after the expiration of the 90-day period in which the petition was required to be filed. See sec. 6213(a). The fact that petitioner’s corporate status was not reinstated during that 90- day period is fatal to petitioner in that California law does not operate to toll a filing period from running during a period of suspension. See Community Elec. Serv., Inc. v. National Elec. Contractors Association, Inc., 869 F.2d 1235 (9th Cir. 1989). As the California Court of Appeals has stated in an analogous setting: “if an action is commenced during the period of suspension and the corporate powers are revived after thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011