George Johnson, Jr. - Page 10

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            respondent has the burden of demonstrating the validity of JPS's                          
            S corporation election.                                                                   
                  Deficiencies                                                                        
                  We turn to the deficiency determinations, on which                                  
            petitioner bears the burden.  Petitioner challenges the validity                          
            of the S corporation election on three grounds:  (1) That the                             
            signatures on the Form 2553 were forgeries that were not                                  
            authorized by petitioner or Mary Ann Johnson; (2) that when the                           
            Form 2553 was stamped "Received" by the Fresno Service Center on                          
            November 26, 1976, it was untimely; and (3) that when the Form                            
            2553 was stamped "Received" on November 26, 1976, it was not                              
            complete enough to be a valid election, and when it was stamped                           
            "Received" a second time on January 12, 1977, in more complete                            
            form, it was untimely.                                                                    
                  With respect to the signatures, respondent contends that                            
            petitioner is precluded from challenging the validity of the S                            
            corporation election based on irregularities in the Form 2553                             
            that were not detectable by respondent.  Since nothing on the                             
            face of the Form 2553 as submitted indicated irregularities in                            
            the signatures, petitioner should be precluded from later                                 
            challenging the validity of the election on the basis of the                              
            signatures, respondent argues, lest taxpayers be given license to                         
            "work both sides of the street" as suits their interests.  Fully                          
            articulated, respondent's theory is that both taxpayers and the                           





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