Mary Ellen Lepordo - Page 14




                                       - 13 -                                         
               The preliminary determination for 1998, 2001, and 2002                 
          states that:  (1) Petitioner’s reliance on Mr. Lepordo to take              
          care of the tax matters did not establish a reasonable belief               
          that the taxes would be paid at the time she signed the returns;            
          (2) the fact that Mr. Lepordo did not have enough taxes withheld            
          did not support relief; (3) she had knowledge of the unpaid                 
          balances when she signed the returns; (4) she did not establish             
          that Mr. Lepordo was financially responsible; (5) she did not               
          establish that Mr. Lepordo took responsibility for any portion of           
          the unpaid taxes; and (6) she did not establish that Mr. Lepordo            
          had the funds available or a specific payment plan at the time              
          she signed the returns.  The preliminary determination(s) for               
          1999 and 2000 is not in the record.  The final determination                
          merely states that the IRS was granting partial relief for 2000,            
          but there is no explanation as to the IRS’s reasons for denying             
          relief.                                                                     
               Petitioner testified that she was not involved in the                  
          preparation of the returns, that she just gave her Forms W-2 to             
          Mr. Lepordo, and his “tax guy did everything.”  Petitioner also             
          testified that she knew that partial payments were submitted for            
          some years, while no payments were submitted in other years.                
          Petitioner testified further that she told Mr. Lepordo that the             
          taxes had to be paid, but “he told me not to worry about it,                
          that, * * * he’ll take care of it.”  On her Form 12510,                     







Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next 

Last modified: March 27, 2008