- 33 - 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.Page: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: November 10, 2007