George Johnson, Jr. - Page 13

                                               - 13 -                                                 

            small number of employees so that no one else had access to an                            
            actual signature to trace or simulate; the fact that the Form                             
            2553, when returned to the JPS address for additional                                     
            information, was promptly resubmitted with extensive details                              
            concerning JPS; and the fact that petitioner was in charge of                             
            financial operations.  Petitioner puts considerable weight on his                         
            affidavit, in which he declares that he did not authorize anyone                          
            to sign his name.  We need not accept a taxpayer's self-serving                           
            testimony as gospel.  Tokarski v. Commissioner, 87 T.C. 74, 77                            
            (1986); Three G Trading Corp. v. Commissioner, T.C. Memo. 1988-                           
            131 (declining to accept self-serving testimony in a summary                              
            judgment case).  On the other hand, we may not merely rely on                             
            factual assertions in respondent's brief, which are not                                   
            sufficient to defeat petitioner's motion.  Smith v. Commissioner,                         
            T.C. Memo. 1983-706.  In this case, however, the scenario that                            
            respondent suggests on brief is sufficiently plausible, given the                         
            facts in the record, for us to find that petitioner has not made                          
            a prima facie showing of the absence of a factual issue.  The                             
            Form 2553 itself reflects preparation by someone with                                     
            considerable information concerning JPS's affairs.  Therefore,                            
            respondent need not come forth with affidavits or other                                   
            documentary evidence to refute petitioner's position.  Abramo v.                          
            Commissioner, 78 T.C. 154, 163-164 (1982); Rosberg v.                                     
            Commissioner, T.C. Memo. 1988-267. We find that there is a                                





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

Last modified: May 25, 2011