Opinion

Duggan v. Commissioner

  • 21 B.T.A. 740
  • 1930 BTA LEXIS 1806
Court
United States Board of Tax Appeals
Filed
Dec 16, 1930
Status
Published
Author
Trammell
On the bench
Trammell, Murdock
Cited by
4 cases

The opinion

Trammell,

dissenting: In my opinion, the Board is without authority to decide the issues in a proceeding in which only the Commissioner is before the Board. It is well recognized that a judgment can not be entered against a deceased person and, if entered, it is void. Conceding that substitution might be made and that the executor or administrator might be made a proper party (at least, on his own motion), there has been no substitution in this proceeding. In the absence of a proper substitution of parties, it seems to me that the only alternative is by transferee proceedings.

In my opinion, there should be some one, over whom the Board has jurisdiction, before it, to whom notice should be sent giving an opportunity to be heard before a final order is entered, otherwise, in my opinion, any further proceedings, are void and of no effect.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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