Alfred J. Martin - Page 11

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          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 in                 






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