- 6 - corporation in this Court. According to respondent: “Mr. Asbury cannot act in a representative capacity for petitioner” because Florida law “does not grant authority to a former officer to represent a dissolved entity, with exceptions not applicable here.” Petitioner bears the burden of establishing affirmatively all facts giving rise to our jurisdiction. See Patz Trust v. Commissioner, 69 T.C. 497, 503 (1977); Fehrs v. Commissioner, 65 T.C. 346, 348 (1975); Wheeler’s Peachtree Pharmacy, Inc. v. Commissioner, 35 T.C. 177, 180 (1960). Petitioner must establish that: (1) Respondent issued to petitioner a valid notice of deficiency, and (2) petitioner, or someone authorized to act on petitioner’s behalf, filed a timely petition with the Court. See Rule 13(a), (c); Monge v. Commissioner, 93 T.C. 22, 27 (1989); Fehrs v. Commissioner, supra at 348. In order to meet this burden, petitioner must establish that Mr. Asbury has authority to act on petitioner’s behalf. See Natl. Comm. to Secure Justice v. Commissioner, 27 T.C. 837, 839-840 (1957); Coca-Cola Bottling Co. v. Commissioner, 22 B.T.A. 686, 700 (1931); cf. Scenic Wonders Gallery, LLC v. Commissioner, T.C. Memo. 2000-64. If the petition is not filed by petitioner, or by someone lawfully authorized to act on petitioner’s behalf, then we are withoutPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011