Alfred J. Martin - Page 12




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          notice of deficiency for 1980 to Robb and suggested that they               
          consider filing a petition.  On June 20, 1988, Covalt wrote a               
          letter to Zobrist (with a copy to Rothhammer) stating that                  
          respondent had sent a notice of deficiency for 1980 to Rothhammer           
          and petitioner and to ask Zobrist to contact Rothhammer.  Robb              
          spoke to Morton at Matthias & Berg on August 31, 1988, 2 days               
          after Matthias & Berg mailed the petition.                                  
               Respondent points out that petitioner authorized Covalt and            
          Robb to represent him before the IRS.  However, neither Covalt              
          nor Robb authorized or ratified the filing of the petition in               
          docket No. 22961-88.                                                        
               Respondent contends that petitioner authorized the general             
          partners in the Manhattan group to retain Matthias & Berg to file           
          the 1980 petition for petitioner.  We disagree.  There is no                
          evidence to support that theory, and petitioner credibly                    
          testified that he did not authorize anyone to file the 1980                 
          petition for him.                                                           
               Respondent contends that these cases are like Morgan v.                
          Commissioner, T.C. Memo. 1990-338.  We disagree.  The taxpayer in           
          Morgan learned about the notice of deficiency and petition after            
          her attorney mailed it but before the petition was filed.  The              
          taxpayer took no action to stop or repudiate the filing.  Here,             
          petitioner objected to our jurisdiction over docket No. 22961-88            
          when he first realized that a second petition had been filed.               
               We conclude that petitioner did not file, authorize anyone             




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