Condo v. Commissioner
United States Tax Court
On Apr. 26, 1976, respondent sent a notice of deficiency to the Condo Corp., a corporation organized under the laws of California. Since Dec. 15, 1969, the corporate rights, powers, and privileges of the Condo Corp. have been suspended under California law due to its failure to pay the State franchise tax. Such suspension renders it incapable under California law to sue or defend against a suit.
Read the full summary
On Apr. 26, 1976, respondent sent a notice of deficiency to the Condo Corp., a corporation organized under the laws of California. Since Dec. 15, 1969, the corporate rights, powers, and privileges of the Condo Corp. have been suspended under California law due to its failure to pay the State franchise tax. Such suspension renders it incapable under California law to sue or defend against a suit. Held, the Condo Corp. lacks the capacity to litigate in this Court under Rule 60(c), Tax Court Rules of Practice and Procedure.
1Opinion of the Court
Armen B. Condo, Petitioner v. Commissioner of Internal Revenue, Respondent
Condo v. Commissioner
Docket No. 6803-76
United States Tax Court
69 T.C. 149; 1977 U.S. Tax Ct. LEXIS 29;
October 31, 1977, Filed
On Apr. 26, 1976, respondent sent a notice of deficiency to the Condo Corp., a corporation organized under the laws of California. Since Dec. 15, 1969, the corporate rights, powers, and privileges of the Condo Corp. have been suspended under California law due to its failure to pay the State franchise tax. Such suspension renders it incapable under California law to sue or defend against a suit.…
2Cases cited29 opinions
- Chicago Title & Trust Co. v. Forty-One Thirty-Six Wilcox Bldg. Corp.Supreme Court of the United States · 1937
- Wheeler's Peachtree Pharmacy, Inc. v. CommissionerUnited States Tax Court · 1960
- Badger Materials, Inc. v. CommissionerUnited States Tax Court · 1963
- Boyle v. Lakeview Creamery Co.California Supreme Court · 1937
- Reed v. NormanCalifornia Supreme Court · 1957
24 more not listed; retrieve them via the Exa API.