- 13 - years ordinarily would have expired on April 15, 2002, and April 15, 2003, respectively. Respondent contends, however, that petitioner duly executed a consent, which is valid on its face, extending the period of limitations to June 30, 2003, and that respondent issued the notice of deficiency before such date. When a consent appears regular on its face and in accordance with law, we generally presume that the parties who signed the consent acted within the scope of their authority. Concrete Engg Co. v. Commissioner, 19 B.T.A. 212, 221 (1930), affd. 58 F.2d 566 (8th Cir. 1932); Ryan v. Commissioner, T.C. Memo. 1991-49. The last consent properly identifies petitioner as the taxpayer and bears the signature of petitioner’s representative, Mr. Penn, who acted pursuant to a valid Form 2848. Furthermore, respondent’s authorized representative executed the last consent before the expiration of the period of limitations. Therefore, respondent has introduced a consent form that appears to be valid, and petitioner must prove that the last consent is invalid. See Ryan v. Commissioner, supra; Lefebvre v. Commissioner, T.C. Memo. 1984-202, affd. per curiam 758 F.2d 1340 (9th Cir. 1985). Petitioner contends that the last consent is invalid because Mr. Penn did not have the requisite authority to execute an extension on petitioner’s behalf. In this regard, petitionerPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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