- 5 - Court is determined under the law of the jurisdiction where the authority is derived. According to respondent, “Nothing in the law [of the State of Florida] * * * grants authority to a former officer, director, or shareholder, to represent a dissolved corporation in a representative capacity.” Furthermore, respondent cites a number of cases holding that “in Florida, it is well established that only a licensed attorney may represent a corporation in court.” Respondent points out that Mr. Asbury is not currently licensed to practice law in Florida or in any other jurisdiction. Accordingly, respondent argues that Mr. Asbury “lacked the capacity to file” the instant petition and the Court lacks jurisdiction to consider it. Respondent acknowledges that “Rule 24(b) allows for a corporation to be represented by an authorized officer of the corporation in Tax Court.” However, respondent argues that “while Rule 24(b) allows for a corporation to be represented by an ‘authorized officer’, it does not allow for a dissolved corporation to be represented by a former officer.” According to respondent, the purpose of Rule 24(b) is to limit to “officers” of the corporation, as opposed to directors, shareholders, or other agents, the persons who can be authorized by State law to represent thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011