- 14 - Actions: A case shall be brought by and in the name of the person against whom the Commissioner determined the deficiency (in the case of a notice of deficiency) * * * or by and with the full descriptive name of the fiduciary entitled to institute a case on behalf of such person. See Rule 23(a)(1). A case timely brought shall not be dismissed on the ground that it is not properly brought on behalf of a party until a reason- able time has been allowed after objection for ratifi- cation by such party of the bringing of the case; and such ratification shall have the same effect as if the case had been properly brought by such party. * * * * * * * * * * (c) Capacity: * * * The capacity of a fiduciary or other representative to litigate in the Court shall be determined in accordance with the law of the juris- diction from which such person’s authority is derived. The record does not establish where Criss Trust was orga- nized. The petition in the case at docket No. 9702-00 listed an address for Criss Trust in Massillon, Ohio,10 which is also the service address used by the Court in that case. Assuming arguendo that Criss Trust were a trust organized under the laws of the State of Ohio, the administration of which is subject to the laws of that State, under Ohio law, see Rule 60(c), a trustee generally is the proper party authorized to act on behalf of a trust. Firestone v. Galbreath, 976 F.2d 279, 284 (6th Cir. 1992); Saxton v. Seiberling, 48 Ohio St. 554, 29 N.E. 179 (1891); 10The Ohio address listed in the petition in the case at docket No. 9702-00 is the same address listed by petitioners in the respective cases at docket Nos. 9700-00 and 9701-00.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011