- 16 - Under respondent’s interpretation of Rule 24(b), a corporate officer can represent the corporation only if the officer is specifically authorized by State law to represent the corporation in litigation conducted in the courts of that State. This would be a contraction of the former Rule, not an expansion. Contrary to respondent’s interpretation, Rule 24(b) allows an “authorized officer” of a corporation, such as Mr. Asbury, to represent the corporation in this Court “without counsel”. This is an exception to the usual rule in Federal courts under which corporations are required to be represented in court by a duly licensed attorney. See, e.g., Rowland v. Cal. Men’s Colony, Unit II Men’s Advisory Counsel, 506 U.S. 194, 202-203 (1993). Rule 24(b) does not require an officer to be specifically permitted to represent the corporation in State court. See House v. Commissioner, 24 Fed. Appx. 608, 609 (7th Cir. 2001) (“At trial House proceeded pro se and also elected to appear on JJH’s [Joseph J. House, Inc.’s] behalf, as the tax court rules permit him to do, see Tax Court Rule 24(b).”), affg. T.C. Memo. 2000-22 (Illinois corporation); People Place Auto Hand Carwash, LLC v. Commissioner, 126 T.C. 359, 360 n.2 (2006) (Tennessee limited liability company); WFO Corp. v. Commissioner, T.C. Memo. 2004-186 (Ohio corporation);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