NT, Inc. d.b.a. Natures Touch - Page 3

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          because petitioner’s powers, rights, and privileges are suspended           
          by the State in which it was organized.  Respondent asserts that            
          he has a burden of production under section 7491(c) as to the               
          additions to tax and accuracy-related penalties, and that he has            
          met this burden.  For the reasons stated below, we shall dismiss            
          this case in full and enter a decision for respondent in the                
          amounts determined by respondent.                                           
                                     Background                                       
               On November 24, 1997, petitioner was organized as a                    
          corporation under California law.  On August 1, 2005, pursuant to           
          Cal. Rev. & Tax. Code secs. 23301 and 23302 (West 2004), the                
          California Franchise Tax Board suspended petitioner’s corporate             
          powers, rights, and privileges for failing to pay State income              
          tax.  On September 30, 2005, the California secretary of state              
          certified petitioner’s suspension and further certified that                
          petitioner remained suspended as of the date of certification.              
          On December 2, 2005, in response to the motion at hand, the Court           
          ordered petitioner to file a statement showing cause why it has             
          the capacity to prosecute this case.  In its statement, filed on            
          December 12, 2005, the same day that this case was called for               
          trial, petitioner stated that it was active when it petitioned              
          the Court and that it had ceased doing business.  Petitioner also           
          stated that it lacked sufficient assets to pay its State tax and            
          that it had filed for bankruptcy on December 6, 2005.                       






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