John J. Petito - Page 10




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          tax return and election is insufficient to establish that Petito            
          corporation made a timely election.  There is no documentary                
          evidence reflecting that the purported 1986 corporate tax return            
          or the purported election attached to the return was ever signed            
          or mailed.  Other than petitioner’s general statement that he               
          executed the return and election and mailed the documents, the              
          record is devoid of any specific identifiable event relating to a           
          mailing of the tax return to the IRS.  Compare, for example,                
          Estate of Wood v. Commissioner, 92 T.C. 793 (1989), affd. 909               
          F.2d 1155 (8th Cir. 1990), where there was specific identifiable            
          and independent evidence that a tax return was mailed to the IRS;           
          Mitchell Offset Plate Serv., Inc. v. Commissioner, 53 T.C. 235              
          (1969), where the taxpayer presented specific credible evidence             
          as to the timely filing of an election under S; and Zaretsky v.             
          Commissioner, T.C. Memo. 1967-247, where the Court concluded,               
          after hearing three witnesses, that the taxpayer mailed a valid             
          election and consent to the IRS.                                            
          In this case we do not accept petitioner’s unsupported                      
          self-serving testimony.  See Niedringhaus v. Commissioner, 99               
          T.C. 202, 219-220 (1992).  We note that the failure to check the            
          box on Petito corporation’s 1992 return (indicating that the                
          corporation is subject to the consolidated audit procedures of              
          sections 6241 through 6245) is consistent with our conclusion               








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