- 3 - to act as guardian ad litem in this matter. Respondent filed a Notice of No Objection to the motion. Pursuant to notice, this matter was set for hearing at the Court’s motions session in Washington, D.C. Counsel for respondent appeared at the hearing and was heard. Petitioners filed with the Court a written statement under Rule 50(c) in lieu of attending the hearing. During the hearing of this matter, respondent averred that the Court has the authority to appoint Mrs. Campos as guardian ad litem for Mr. Campos under the same general procedure that the Court employed in Estate of Galloway v. Commissioner, 103 T.C. 700 (1994). In Estate of Galloway, the Court relied upon California law to appoint a special administrator to represent the interests of a deceased taxpayer/petitioner. Respondent also acknowledged that the Court could recognize Mrs. Campos as Mr. Campos’s “next friend” under Rule 60(d). Discussion It is well settled that the Court’s jurisdiction to redetermine a deficiency depends upon a valid notice of deficiency and a timely filed petition for redetermination. Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v. Commissioner, 90 T.C. 142, 147 (1988). Rule 34 sets forth the basic requirements for filing a valid petition with the Court. Rule 34(a)(1) provides in pertinent part:Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011