- 5 - liability to respondent as to the 1996 tax year. Mr. Siebert contends, however, that he is the proper party petitioner, no tax is owed, and that the merits of the case should be pursued by means of a trial. With that backdrop, we must decide whether Mr. Siebert should remain the party petitioner and, if not, whether Ms. Elton should be substituted for Mr. Siebert and whether Mr. Robertson should be permitted to enter his appearance on behalf of Ms. Elton. Discussion No question has been raised as to whether the petition filed by Mr. Siebert, as trustee, in response to the notice of deficiency sent to Ms. Elton, was timely or valid, or whether Mr. Siebert was authorized to file the petition, either individually or on Ms. Elton’s behalf. The controversy is focused on who is the proper party to prosecute this matter following the voiding of the trust.1 Mr. Siebert argues that he is the proper taxpayer and petitioner, while Ms. Elton apparently contends that Mr. Siebert has simply been the fiduciary. The question we must answer, however, is the same; i.e., whether Mr. Siebert has capacity to prosecute this proceeding either as the taxpayer or as a fiduciary. 1 Even if Mr. Siebert had not been authorized to file the petition, there is a limited line of cases where ratification of imperfect petitions has been permitted. See Holt v. Commissioner, 67 T.C. 829 (1977); Brooks v. Commissioner, 63 T.C. 709 (1975); Carstenson v. Commissioner, 57 T.C. 542 (1972).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011