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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-
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Last modified: May 25, 2011