- -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'sPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011