Carlye A. Christianson - Page 15




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          burden of going forward with the evidence would shift back to               
          petitioner.  However, the burden of persuasion never shifts from            
          petitioner.  See Amesbury Apartments, Ltd. v. Commissioner,                 
          supra.                                                                      
               Although petitioner concedes that her returns for the years            
          at issue were not timely filed, she claims that those returns               
          were filed when Mr. Golemb presented copies of them to the                  
          revenue agent on May 21, 1992, and that the period of limitations           
          for each of those years started to run on that date.4  We                   
          disagree.  When petitioner, through Mr. Golemb, presented copies            
          of her returns for the years at issue to the revenue agent on May           
          21, 1992, it was her position that she had already filed the                
          originals of those returns and that she was merely presenting               
          copies of such returns to the Service.  Moreover, the copy of               
          petitioner's 1985 return was not signed or dated by petitioner.             
          Petitioner's original signature appeared on the copies of her               
          returns for 1986 through 1990, but no date appeared next to her             
          signature on any of those returns.  Although the Service, on a              
          date not disclosed by the record, temporarily processed as filed            
          the copies of petitioner's returns that Mr. Golemb presented to             


               4If petitioner were correct in asserting that her returns              
          for the years at issue were filed on May 21, 1992, the period of            
          limitations for each such year would have expired on May 21,                
          1995.  The filing of delinquent returns which are not fraudulent            
          is sufficient to commence the running of the period of lim-                 
          itations under sec. 6501.  See Bennett v. Commissioner, 30 T.C.             
          114, 123-124 (1958).                                                        




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