Leon S. Malachinski - Page 15




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          remote in time to support a finding that she forged petitioner’s            
          name to the consent document.  Petitioner’s arguments                       
          notwithstanding, the notice of deficiency for his and Wynne’s               
          1980 Federal income taxes is valid and timely.                              
               We would reach this conclusion even if we considered some              
          additional testimony which, petitioner asserts, supports his                
          contention that Wynne forged his signature.  Petitioner states              
          that Wynne made some statements late in 1989 or afterwards to her           
          friend and employee Ms. Mellerke and proffers Ms. Mellerke’s                
          statements about those statements.  Those statements were that              
          Wynne “had contacted the IRS and had reported Dr. Malachinski for           
          several things that he had not done, and also she provided a                
          document to the IRS shortly before they were divorced that he was           
          not aware of”.  This document, Wynne is said to have stated, was            
          so damaging to petitioner that “he would be feeling the effects             
          of it for the rest of his life”.                                            
               Respondent objects to the introduction of such testimony,              
          asserting that such testimony would be inadmissible hearsay.  We            
          need not address this objection, however, because the proffered             
          testimony, even if admitted, is too vague and inconclusive to be            
          of evidentiary value in determining whether petitioner’s                    
          signature on the consent was forged.  Wynne’s assertion that she            
          “provided a document to the IRS shortly before they were                    
          divorced” fails to identify this document as the consent Form               





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