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21 B.T.A. 379

Hanify v. Commissioner

United States Board of Tax Appeals

Decided November 19, 1930

United States Board of Tax Appeals · decided 1930-11-19

Where the person filing the petition is not shown to have authority to act for the taxpayer, the petitioner will be dismissed for lack of jurisdiction.

Relies on First Bond & Mortg. Co. v. Commissioner

Good law ✅— No negative treatment on recordhow we know

Decided 1930-11-19

How this case has been cited

Cited by 10 later decisions — most recently March 1963

401930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*381OPINION.

Lora:

¶2In this proceeding no question is raised by either party Avith reference to the jurisdiction of the Board.

¶3However, it is apparent from the record that the taxpayer, the estate of John R. Hanify, did not appeal from the deficiency asserted by the Commissioner, notice of which was mailed to John L. Reed as administrator of said estate. It is true that John L. Reed’s name is signed to the petition presented to the Board, but only as an individual, and not officially as administrator. Had he signed officially, although he had been discharged by the probate court, the case might have been brought within the provisions of section 317 (a) (b) (c) (d) of the Revenue Act of 1926.

¶4In view of the situation disclosed by the record in this case, and on authority of First Bond & Mortgage Co., 21 B. T. A. 1, and cases therein cited, it must be and is held that the Board has no jurisdiction in this proceeding, and the case is dismissed for lack of jurisdiction.

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