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Burt v. Comm'r of Internal Revenue

United States Tax Court
Jul 1, 2024
No. 9830-23 (U.S.T.C. Jul. 1, 2024)

Opinion

9830-23

07-01-2024

RICKY E. BURT, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent


ORDER

Ronald L. Buch Judge

This case is calendared for trial at the session of the Court scheduled to commence on September 16, 2024, in Atlanta, Georgia. On June 26, 2024, the Commissioner filed a status report informing the Court that Mr. Burt died on June 7, 2023, which was after he filed his petition in this case. The Commissioner further reports that an administrator has been appointed and is currently authorized to act on behalf of the Estate of Ricky E. Burt.

If a petitioner dies, it is well settled that the Court's jurisdiction over a case continues unimpaired by the death of a petitioner. Nordstrom v. Commissioner, 50 T.C. 30 (1968). Pursuant to Rule 63(a), Tax Court Rules of Practice and Procedure, when a petitioner dies, "the Court, on its own or on motion of a party or the decedent's successor or representative, may order substitution of the proper parties." The appointment of a personal representative, executor, or administrator is necessary, and sufficient, to establish the capacity of a person to litigate on behalf of the estate. Rule 60(c), Fehrs v. Commissioner, 65 T.C. 346, 349 (1975). Accordingly, it is

ORDERED that the Clerk shall substitute parties and amend the caption of this case to read, Estate of Ricky E. Burt, Lisa Cook, Administrator, Petitioner v. Commissioner of Internal Revenue, Respondent. It is further

ORDERED that the Clerk shall update petitioner's address to the address appearing in paragraph 4 of the Commissioner's status report filed June 26, 2024.


Summaries of

Burt v. Comm'r of Internal Revenue

United States Tax Court
Jul 1, 2024
No. 9830-23 (U.S.T.C. Jul. 1, 2024)
Case details for

Burt v. Comm'r of Internal Revenue

Case Details

Full title:RICKY E. BURT, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Court:United States Tax Court

Date published: Jul 1, 2024

Citations

No. 9830-23 (U.S.T.C. Jul. 1, 2024)