Leon S. Malachinski - Page 8




                                        - 8 -                                         

          expired on April 15, 1984, 3 years after petitioner filed his               
          1980 return, unless the period was extended by agreement.  There            
          is also no disagreement that respondent issued the statutory                
          notice on May 3, 1994, more than 10 years after April 15, 1984.             
          Petitioner thus has made a prima facie showing that the notice is           
          untimely.  That demonstration placed upon respondent the burden             
          of producing evidence that the bar effected by expiration of the            
          period of limitations is inapplicable.  Respondent has made such            
          a showing by providing a facially valid Form 872-A, indicating              
          that both petitioner and Wynne agreed to waive the period of                
          limitations applicable to their 1980 taxable year.  Production of           
          the Form 872-A placed upon petitioner the burden of showing that            
          the agreement exemplified in the Form 872-A is inapplicable.                
               Petitioner has undertaken to show that the agreement to                
          extend the period of limitations is invalid because he never                
          signed, authorized, or ratified the Form 872-A in issue.  His               
          signature on that form, he asserts, was forged.                             
               Section 6064 provides that “The fact that an individual’s              
          name is signed to a * * * document shall be prima facie evidence            
          for all purposes that the * * * document was actually signed by             
          him.”                                                                       
               To overcome the presumption that he signed his name to the             
          consent, petitioner has offered the expert report of Diane Marsh,           
          a forensic document examiner.  Ms. Marsh has been certified by              





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