-9- Petito corporation made a timely election. Petitioner testified that he prepared and filed a timely 1986 tax return and election on behalf of Petito corporation. Certainly, petitioner is entitled to have the Court consider evidence of a retained copy of the return and election purportedly filed. We conclude that the document is relevant. The remainder of respondent’s objection--that the exhibit is neither an original nor an exact duplicate--is nonsensical. Petitioner claims to have filed the return and election with respondent. It would be entirely consistent with this testimony that petitioner would not have the original return or election in his possession. Furthermore, petitioner testified that he photocopied the return and election prior to signing the documents. Thus, respondent’s suggestion that the exhibit is not an exact duplicate has no foundation. See Fed. R. Evid. 1001(3) and (4), 1003, and 1004(3). Exhibit 1-P is relevant and admissible, and respondent’s objection is overruled. 3. Whether Petito Corporation Made a Valid Election Based on this record, we are not satisfied that Petito corporation made a valid election to have the unified S corporation audit and litigation procedures apply to it pursuant to section 301.6241-1T(c)(2)(v), Temporary Proced. & Admin. Regs., supra. The purported copy of Petito corporation’s 1986Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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