Trans World Travel - Page 26




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          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 upper              





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