Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 34




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          she did not know and had no reason to know that Mr. Barrera would           

               18(...continued)                                                       
          signed each of the returns, and there is no indication in the               
          record that these returns were not fully completed by the return            
          preparer when she signed them.  Other than her testimony,                   
          petitioner presented no persuasive evidence that the 1998, 1999,            
          and 2000 returns were not, in fact, signed on the dates following           
          her signatures.  Given that petitioner does not know and does not           
          recall when she signed the returns or whether the returns were              
          timely or late when she signed them, coupled with the fact that             
          the returns in evidence are each stamped as having been received            
          by respondent within 2 weeks of the dates shown next to                     
          petitioner’s and Mr. Barrera’s signatures, we find that                     
          petitioner signed the returns on the dates shown following her              
          signatures.                                                                 
               Although we have no reason to find that petitioner did not             
          sign the joint returns for the years in issue on dates other than           
          those shown next to her respective signatures, for the sake of              
          completeness, we address an issue raised with respect to the                
          joint return for taxable year 1998.  As we note above, there is             
          no indication that the joint returns for taxable years 1998,                
          1999, and 2000 were not completed by the return preparer at the             
          time petitioner signed them.  Presumably, because the joint                 
          returns were completed and signed by the return preparer,                   
          petitioner signed each return, at the earliest, on the date                 
          following the return preparer’s signature.  In Biller v.                    
          Commissioner, T.C. Memo. 1976-97, affd. 544 F.2d 1343 (5th Cir.             
          1977), the Court found that although no date appeared next to               
          petitioner’s signature on a joint return, the return showed a               
          date of Oct. 8, 1971, next to the signature of the return                   
          preparer and was “obviously signed by petitioner on or after that           
          date”.  Petitioner’s 1999 and 2000 joint returns each show the              
          same date next to her and Mr. Barrera’s signatures and next to              
          the signature of the return preparer, and thus support a finding            
          that petitioner signed the 1999 and 2000 returns on Nov. 2, 2000,           
          and July 24, 2001, respectively.                                            
               The 1998 joint return, however, shows a handwritten                    
          signature date of May 25, 1999, for the return preparer, which,             
          if accurate, is almost a full 12 months prior to the handwritten            
          signature dates of May 23, 2000, shown for both petitioner and              
          Mr. Barrera.  Petitioner did not proffer any specific evidence              
          relating to this discrepancy, and we are not persuaded by the               
          return preparer’s signature date or by petitioner’s testimony               
          that she signed the 1998 joint return on a date other than the              
          date of May 23, 2000, shown next to her and Mr. Barrera’s                   
          signatures.                                                                 





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