- 12 - 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.Page: 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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