- 26 - fact that the DPT is a simple, one-page document, with the words UNITED STATES TAX COURT WASHINGTON, D.C. 20217 prominently displayed in capital letters at the very top of the page. Surely, too, even a cursory glance at the document’s heading, “DESIGNATION OF PLACE OF TRIAL” only a few lines above the signature line, would have revealed the document’s nature and origin. Moreover, immediately below the signature line and immediately above the “Dated” line was the preprinted designation: “Signature of Petitioner or Counsel”. This should have alerted James to the fact that he was signing a document related to a legal proceeding. Thus, at this early juncture, James either knew or should have known that a petition had been filed in the Tax Court. See Kraasch v. Commissioner, supra at 628, concluding that ratification occurred where the taxpayers “had, or reasonably should have had, knowledge of the material facts of the case at all times.” Moreover, James’ act in signing the Designation of Place of Trial constituted a ratification of Jaffe’s prior act in filing the petition in the first instance. Second, when petitioner received respondent’s answer to the petition, petitioner either knew, or reasonably should have known, that it had a case pending before this Court. See id. In fact, James opened the envelope containing the copy of respondent’s answer and wrote “Attn: Steve Jaffe” in the upperPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011