Joanne Soon Kim - Page 4

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            Kim's joint return for the year 1989 to petitioner's authorized                               
            representative, Mr. Zuehls.                                                                   
                  On November 23, 1992, Mr. Zuehls sent to Agent Novella by                               
            telephone transmission a copy of the Form 872 bearing what                                    
            purported to be the signatures of petitioner and Mr. Kim.  On                                 
            November 24, 1992, respondent received by mail the original Form                              
            872.  On November 25, 1992, IRS group manager Ms. Sandra Sturla                               
            (Ms. Sturla) signed the Form 872 consenting to an extension of                                
            time to assess petitioner's tax for the year 1989 on behalf of                                
            respondent.                                                                                   
                  At no time prior to the mailing of the notice of deficiency                             
            on December 28, 1993, did petitioner inform Agent Novella that                                
            she contended that the signature on the Form 872 was not genuine                              
            or that she did not consider the Form 872 valid.                                              
                  Respondent determined in her notice of deficiency dated                                 
            December 28, 1993, that petitioner and Mr. Kim had underreported                              
            income and overstated depreciation on their Schedule C and had                                
            failed to report gain from the sale of business property.                                     
            Petitioner contends that the Form 872 does not extend the period                              
            of limitation to assess tax for 1989 because petitioner did not                               
            sign the form.  Respondent's position is that she reasonably                                  
            relied on the Form 872 and petitioner's agent, Mr. Zuehls, and,                               
            therefore, the period of limitations for the year 1989 was                                    
            properly extended.                                                                            






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