Joanne Soon Kim - Page 5

                                                  -  -5                                                     
                                                OPINION                                                   
                  Section 6501(a) provides in part that the amount of any                                 
            income tax must be assessed against a taxpayer within 3 years of                              
            the filing of the income tax return.  Section 6501(c)(4) provides                             
            for the execution by a taxpayer and the Commissioner of a waiver                              
            of the period of limitations for an agreed-upon time.  A consent                              
            is valid on its face if it identifies the taxpayers, bears their                              
            signatures, identifies the year, and is dated prior to the                                    
            expiration of the existing limitations period.  When a taxpayer                               
            pleads the issue of the period of limitations, he makes a prima                               
            facie case by showing that the notice of deficiency was not                                   
            mailed within the time provided in section 6501(a).  When the                                 
            Commissioner produces a consent to extend the period of                                       
            limitations that is valid on its face, the burden is on the                                   
            taxpayer to show that the consent is invalid or not applicable to                             
            the year involved.  Adler v. Commissioner, 85 T.C. 535, 540                                   
            (1985).                                                                                       
                  Petitioner argues that the Form 872 is invalid on its face                              
            because petitioner's signature was not genuine, and, therefore,                               
            the burden of proving the validity of the consent is on                                       
            respondent.  We hold, however, that respondent has met her burden                             
            of introducing into evidence a Form 872 that is valid on its                                  
            face.  It is not apparent from the face of the Form 872 that                                  
            petitioner's signature was not genuine.  Petitioner testified at                              
            trial that the signature on the consent Form 872 was not her                                  
            signature.  Apparently, respondent does not question petitioner's                             



Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011