- 11 - taxpayer. In Eversole v. Commissioner, supra at 57, the improper party was the decedent’s widow and, formerly, executrix of his estate. In contrast, petitioner argues, Mr. Berg was nothing more than an “interloper”. We find this distinction unpersuasive. Not only does it ignore that Mr. Berg was petitioner’s counsel in a related case involving his 1981 and 1982 deficiencies, but petitioner’s argument completely ignores our discussion of the law in Eversole. According to petitioner, we should apply instead the holding of Kirch v. United States, 83 AFTR 2d 99-2153, 99-1 USTC par. 50,452 (S.D. Ohio 1999). In Kirch, the taxpayers, also former Elektra Hemisphere tax shelter investors, asserted that the petition they filed with this Court, which we had dismissed for lack of jurisdiction, failed to suspend the limitations period. The taxpayers had filed the petition before the Commissioner’s issuance of a notice of deficiency. Accordingly, the District Court concluded that because the Commissioner had not issued a notice of deficiency, the filing of the petition with this Court had not placed a “proceeding in respect of the deficiency” on the docket. Id. Unlike Kirch, in the present case respondent issued a valid notice of deficiency before Mr. Berg filed the petition. Although petitioner did not authorize Mr. Berg to file the petition, the petition nevertheless placed a “proceeding inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011