- 23 - on an outpatient basis. However, nothing in the medical records offered by petitioner indicates he lacked the cognitive ability to understand what he was signing. Indeed, the records indicate petitioner had a better grasp of reality about his business situation than his family and employees. With respect to petitioner’s signing of Form 4549-CG for 1991, 1992, and 1993, the uncontradicted evidence establishes that respondent’s agents believed petitioner was competent, and petitioner offered no evidence that their belief was unreasonable. Petitioner signed the Form 4549-CG for those years at a meeting attended by Agent Urrutia and his manager, Faith Priest, on behalf of respondent. Both Agent Urrutia and Ms. Priest testified credibly they believed petitioner understood the terms of the Forms 4549-CG that he signed. Both testified they would not have accepted the Forms 4549-CG from petitioner if they believed he lacked the mental capacity to sign them. Even against the background of their acceptance for settlement purposes that petitioner’s past psychiatric difficulties excused his late filings and return inaccuracies, petitioner offered no credible evidence to show that Agent Urrutia and Ms. Priest were or should have been aware of any lack of mental capacity or presence of vulnerability. Petitioner was represented at the meeting by legal counsel and a certified public accountant, and was accompanied by hisPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011