People Place Auto Hand Carwash, LLC - Page 3

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          things, that petitioner is “completely out of business with no              
          assets.”  Attached to the petition is a Notice of Determination             
          of Worker Classification, dated March 16, 2005, and addressed to            
          petitioner in Memphis, Tennessee.  In the notice of                         
          determination, respondent determined that for purposes of Federal           
          employment taxes, 13 specified individuals were to be classified            
          as petitioner’s employees, and, as a consequence, petitioner owed           
          $6,207 in additional employment tax, additions to tax, and                  
          penalties with respect to calendar year 2000.                               
               On January 13, 2006, pursuant to Rule 91(f), respondent                
          filed a motion to show cause why proposed facts and evidence                
          should not be accepted as established.  In its response,                    
          petitioner stated that the Conways are “the whole owners and                
          personally liable parties for this defunct business and action              
          before the court is now involved in a chapter 7 liquidation case”           
          in the U.S. Bankruptcy Court in Memphis, Tennessee.3  Petitioner            
          contended that this case should be stayed pursuant to the                   
          automatic stay provision of 11 U.S.C. section 362(a).                       


               2(...continued)                                                        
          to represent petitioner in this proceeding.  See Rule 24(b) (an             
          “unincorporated association” may be represented by an “authorized           
          member of the association”); cf. Scenic Wonders Gallery, LLC v.             
          Commissioner, T.C. Memo. 2000-64 (holding that an alleged co-               
          trustee of an LLC’s tax matters partner failed to establish that            
          he was authorized to act on behalf of the tax matters partner).             
               3 Petitioner has not alleged that it is a party to the                 
          Conways’ bankruptcy proceedings or has itself filed any petition            
          in bankruptcy.                                                              




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