- 4 - Where the notice of deficiency or liability is directed to more than one person, each such person desiring to contest it shall file a petition, either separately or jointly with any such other person, and each such person must satisfy all the requirements of this Rule in order for the petition to be treated as filed by or for such person. * * * Failure of the petition to satisfy applicable requirements may be ground for dismissal of the case. * * * Rule 34(b)(7) specifically requires the signature of each petitioner or petitioner’s counsel. In addition, Rule 60(a) requires that “A case shall be brought by and in the name of the person against whom the Commissioner determined the deficiency”. As indicated, the petition in this case is not signed by Mr. Campos. However, there is no dispute that Mr. Campos is “unresponsive” and unable to make medical or financial decisions. In an effort to protect Mr. Campos’s interests, Mrs. Campos signed the petition on his behalf. Rule 60 sets forth criteria for resolving questions pertaining to a person’s capacity to litigate in the Court. Rule 60 provides in pertinent part: (c) Capacity: The capacity of an individual, other than one acting in a fiduciary or other representative capacity, to engage in litigation in the Court shall be determined by the law of the individual’s domicile. * * * 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. (d) Infants or Incompetent Persons: Whenever an * * * incompetent person has a representative, such as a general guardian, committee, conservator, or other like fiduciary, the representative may bring a case orPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011