- 7 - jurisdiction to consider it. See, e.g., Fehrs v. Commissioner, supra at 348; Photo Art Mktg. Trust v. Commissioner, T.C. Memo. 2000-57. Rule 60 provides, in pertinent part, as follows: (a) Petitioner: (1) Deficiency or Liability Actions: A case shall be brought by and in the name of the person against whom the Commissioner determined the deficiency (in the case of a notice of deficiency) * * * or by and with the full descriptive name of the fiduciary entitled to institute a case on behalf of such person. See Rule 23(a)(1). A case timely brought shall not be dismissed on the ground that it is not properly brought on behalf of a party until a reasonable time has been allowed after objection for ratification by such party of the bringing of the case; and such ratification shall have the same effect as if the case had been properly brought by such party. * * * * * * * * * * (c) Capacity: * * * The capacity of a corporation to engage in such litigation shall be determined by the law under which it was organized. The capacity of a fiduciary or other representative to litigate in the Court shall be determined in accordance with the law of the jurisdiction from which such person’s authority is derived. Rule 24(b) provides as follows: (b) Personal Representation Without Counsel: In the absence of appearance by counsel, a party will be deemed to appear on the party’s own behalf. * * * A corporation * * * may be represented by an authorized officer of the corporation * * *. * * * Any such person shall state, in the initial pleading or other paper filed by or for the party, such person’s name, address, and telephone number, and thereafter shall promptly notify the Clerk in writing, inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011