George Johnson, Jr. - Page 12

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                  Petitioner first argues that the signatures on the Form 2553                        
            were forgeries, and that the Form 2553 was therefore invalid                              
            because there was no validly executed election of S corporation                           
            status by an authorized officer and no validly executed                                   
            shareholder consents.  As noted above, respondent concedes that                           
            the apparent signatures of petitioner were not affixed by him but                         
            makes no concession with respect to the apparent signature of                             
            Mary Ann Johnson.  More importantly, respondent argues with                               
            respect to both signatures that they were authorized by                                   
            petitioner and Mary Ann Johnson, and therefore that they were                             
            valid.  An authorized signature is in certain circumstances                               
            treated as equivalent to an actual signature.  Miller v.                                  
            Commissioner, 237 F.2d 830 (5th Cir. 1956), affg. in part and                             
            revg. in part T.C. Memo. 1955-112; Booher v. Commissioner, 28                             
            T.C. 817 (1957); Tompkins v. Commissioner, T.C. Memo. 1989-363;                           
            cf. Lefebvre v. Commissioner, 758 F.2d 1340 (9th Cir. 1985),                              
            affg. T.C. Memo. 1984-202; United States v. Ponder, 444 F.2d 816,                         
            822 (5th Cir. 1971); secs. 1.6061-1, 1.6012-1(a)(5), Income Tax                           
            Regs.; sec. 1.6061-2T, Temporary Income Tax Regs., 58 Fed. Reg.                           
            4080 (Jan. 13, 1993).                                                                     
                  Respondent alleges that petitioner and Mary Ann Johnson                             
            authorized the signatures on the basis of the fact that JPS had a                         

                  4(...continued)                                                                     
            corporation status of the corporation was expressly reserved for                          
            later disposition.  Id. n.4.                                                              




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