Rosiland J. Smith - Page 5




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               Petitioner pointed out the difference between the dates                
          April 8, 1997, and April 18, 1997, and the reference to the                 
          received date as wrong to show respondent was not accurate.                 
          Petitioner argues that the dates used by respondent should be               
          ignored.  Petitioner's contention is that the period of                     
          limitations expired on April 15, 1999, prior to the mailing of              
          the notice of deficiency on December 28, 1999.                              
               A witness for petitioner testified that he saw petitioner              
          mail on April 15, 1996, an envelope bearing a typed address to              
          the IRS, Fresno, California 93888.  In response to a question               
          from respondent, the witness confirmed that the address was                 
          typed.  However, the address on the envelope containing                     
          petitioner’s return was not typed, but was written in a scrawl.             
          The fact is that petitioner is the person who knew when she filed           
          her Federal income tax return for the year 1995.  She failed to             
          appear at trial.  The rule is well established that the failure             
          of a party to introduce evidence within her possession which, if            
          true, would be favorable to her, gives rise to the presumption              
          that if produced it would be unfavorable.  Wichita Terminal                 
          Elevator Co. v. Commissioner, 6 T.C. 1158 (1946), affd. 162 F.2d            
          513 (10th Cir. 1947).                                                       
               Ms. Susan J. Hernandez, a disclosure officer for the Los               
          Angeles IRS office, testified regarding the procedures used at              
          the IRS to keep track of documents.  She stated that if a return            





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