Hugh G. and Norma J. King - Page 12

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          to their personal income tax for 1995-98, and that they do not              
          remember whether they signed any of the others.  Respondent’s               
          forensic document examiner, James T. Puckett (Mr. Puckett),                 
          opined:  (1) Mrs. King signed the six Forms 872 in question; (2)            
          Mr. King signed four of the six Forms 872; and (3) Mr. King                 
          probably signed a fifth Form 872.  He expressed no opinion                  
          regarding who signed one of the Forms 872.  Petitioners testified           
          that all the signatures on the Forms 872 look like their                    
          signatures.  We conclude that both petitioners signed all eight             
          of the Forms 872.                                                           
               2.   Dates Petitioners Signed the Forms 872                            
               Petitioners point out that one or both of their signatures             
          were not dated on the following three Forms 872:                            
          Undated             Prior          Signed by       Current                  
          Signature      Years     Expiration      Respondent   Expiration            
          Mr. King       1996       Dec. 31, 2000    Dec. 6, 2000    Dec. 31, 2001    
                         1997      Apr. 15, 2001                                      
          Petitioners    1995-98     Apr. 15, 2002    Mar. 19, 2002    Dec. 31, 2002  
          Mrs. King      1996-98     Apr. 15, 2002    Mar. 19, 2002    Dec. 31, 2002  
               Petitioners contend that these Forms 872 are invalid because           
          some of the signatures are undated.  We disagree.  A Form 872               
          need not be dated if it was signed by both parties before the               
          time to assess tax expired.  Sec. 6501(c)(4); Rutter v.                     
          Commissioner, T.C. Memo. 1986-407; sec. 301.6501(c)-1(d), Proced.           
          & Admin. Regs.  Petitioners signed the three Forms 872 listed               







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