- 10 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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