- 8 - duplicate for each docket number involving that party, of any change in that information. Under Rule 60(c), the capacity of a corporation to litigate in this Court is determined by the law of the State in which it was organized. This has been the rule in this Court and in our predecessor, the Board of Tax Appeals, since 1926. See Great Falls Bonding Agency, Inc. v. Commissioner, 63 T.C. 304, 306-307 (1974). Petitioner was organized under the laws of the State of Florida. Therefore, petitioner’s capacity to file a petition in this Court seeking redetermination of the tax deficiency underlying this action is governed by the law of the State of Florida. See Rule 60(c). Two provisions of the Florida Statutes are pertinent to our decision. Fla. Stat. Ann. sec. 607.1405, “Effect of dissolution”, provides, in relevant part: (1) A dissolved corporation continues its corporate existence but may not carry on any business except that appropriate to wind up and liquidate its business and affairs, * * * * * * * * * * (2) Dissolution of a corporation does not: (a) Transfer title to the corporation's property; * * * * * * * (c) Subject its directors or officers to standards of conduct different from those prescribed in ss. 607.0801-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011