- 10 -
Adler v. Commissioner, supra at 540. The Commissioner's burden
may be satisfied by the production of a written consent to extend
the period of limitations that is valid on its face. Concrete
Engg. Co. v. Commissioner, 58 F.2d 566, 568 (8th Cir. 1932),
affg. 19 B.T.A. 212 (1930); Bridges v. Commissioner, T.C. Memo.
1983-763. Upon such a showing, the burden of going forward with
the evidence then shifts back to the taxpayer to show that the
written consent is invalid or otherwise not binding upon the
taxpayer. Adler v. Commissioner, supra at 540, and cases cited
therein.
As previously discussed, petitioner properly raised the bar
of the period of limitations for each of the years 1988 through
1991 in its petition. Respondent in turn relies upon the Forms
872 executed on behalf of Hibiscus as evidence that the bar of
the period of limitations is not applicable. Petitioner counters
that the Forms 872 executed on behalf of Hibiscus after April 12,
1993, are not effective to extend the period of limitations with
respect to petitioner's tax liabilities on the ground that
respondent's conduct during the examination (and particularly the
issuance of separate 30-day letters to Hibiscus and petitioner)
terminated the agency relationship between Hibiscus and
petitioner pursuant to the final sentence of section 1.1502-
77(a), Income Tax Regs.
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