Jeffrey Michael Steingold - Page 3




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                                       OPINION                                        
          1. Timeliness of Notice of Deficiency                                       
               Petitioner filed his 1993 return on September 23, 1994, and            
          respondent mailed the notice of deficiency on October 29, 1998.             
          Generally, a tax must be assessed within 3 years after the date             
          on which the return was filed, unless the period is extended by             
          agreement.  See sec. 6501.  Respondent contends that, on February           
          18, 1997, petitioner signed a Form 872 (i.e., Consent to Extend             
          the Time to Assess Tax) extending the limitations period relating           
          to petitioner’s 1993 return.  Respondent further contends that he           
          lost the original Form 872.  Respondent, however, offered a copy            
          of a Form 872 that was undated and allegedly signed by                      
          petitioner.  An individual’s name signed on a document creates a            
          rebuttable presumption that such individual signed the document.            
          See Hennen v. Commissioner, 35 T.C. 747, 748 (1961).  Petitioner,           
          however, contends he did not sign any document extending the                
          limitations period, and we find his testimony credible.  In                 
          addition, the testimony of respondent’s witnesses (i.e., an                 
          Internal Revenue Service agent and a handwriting expert) was not            
          convincing.  We conclude that petitioner did not extend the                 
          limitations period, and, accordingly, the notice of deficiency              
          relating to 1993 was not timely.                                            










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