- 14 - Petitioner signed two powers of attorney granting Mr. Silver's accounting firm the authority to represent her for purposes of respondent's audit. Moreover, through her original attorney, petitioner maintained in the petition, and until shortly before trial in this case, that the returns were jointly filed.13 See supra pp. 6-7. Petitioner's reliance on our opinion in Lomanno v. Commissioner, T.C. Memo. 1994-426, granting the taxpayer's motion for an award of attorney's fees and litigation costs, is misplaced. In Lomanno, we determined that the taxpayer had exhausted her administrative remedies, despite the fact that no Appeals conference was held. However, in contrast to the instant case, the taxpayer in Lomanno never received a 30-day letter. As a result, we concluded that section 301.7430-1(e), Proced. & Admin. Regs., "would allow * * * [her] to be excepted from having to participate in a prepetition appeals office conference." Lomanno v. Commissioner, supra.14 In addition, we found that 13Respondent is not required to question and investigate the authenticity of every return signature. Sec. 6064 provides that "The fact that an individual's name is signed to a return, statement, or other document shall be prima facie evidence for all purposes that the return, statement, or other document was actually signed by him." 14Pursuant to sec. 301.7430-1(e)(2), Proced. & Admin. Regs., in the case of a petition in the Tax Court, a party's administrative remedies shall be deemed to be exhausted if: (i) The party did not receive a notice of proposed deficiency (30-day letter) prior to the issuance of the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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