- 16 -- 16 - taxpayer’s behalf, we are without jurisdiction. See Fehrs v. Commissioner, supra at 348. Rule 60(a) requires that a case be brought “by and in the name of the person against whom the Commissioner determined the deficiency * * * or by and with the full descriptive name of the fiduciary entitled to institute a case on behalf of such person.” Rule 60(c) states that the capacity of a fiduciary or other representative to litigate in the Court shall be determined in accordance with the law of the jurisdiction from which such person’s authority is derived. The record assembled by Mr. Chisum to support his authority to institute this case on behalf of petitioner is riddled with gaps and inconsistencies and is difficult to understand. For example, it is not even clear what State’s law we should apply to determine Mr. Chisum’s capacity. Mr. Chisum claims that California law governs. However, Mr. Chisum has also stated that “I function from Arizona”, and the documents he has filed make some reference to Arizona law. Moreover, petitioner’s original indenture states that petitioner was domiciled in Nevada and that Nevada law governs, while the revised indenture states that petitioner was domiciled in Delaware and that Delaware law governs. Although Mr. Chisum has asserted that petitioner did business in California during the year in issue, he has not offered any explanation why California law is the relevant law,Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011