Barbara Rooks - Page 4

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          resulting in a reduction of taxes due.  After application of                
          various penalties, credits, and interest, respondent’s records              
          indicated outstanding liabilities on September 30, 2002, of                 
          $12,298 for 1992 and $9,473 for 1993.                                       
               Petitioner’s request for section 6015(f) relief was made               
          with respect to the unpaid tax liabilities for taxable years 1992           
          and 1993.  In respondent’s notice of determination denying                  
          petitioner relief, respondent stated in relevant part:                      
               With Tax Underpayment cases, the Burden of Proof is on the             
               Requesting Spouse (Barbara Rooks) to show that it is                   
               Inequitable to hold her jointly liable for the unpaid tax              
               liabilities.  One of the strongest factors that must be                
               considered is whether the Requesting Spouse reasonably                 
               believed that the Non Requesting Spouse (Thomas Rooks) could           
               and would pay the Tax Underpayments.  In this case, Barbara            
               Rooks has not shown that she reasonably believed (on                   
               November 1, 1994) that Thomas Rooks would and could pay the            
               1992 and/or 1993 Tax Underpayments.                                    
               Barbara Rooks states that she signed blank tax returns                 
               for 1992 and 1993 tax years in April 1993 and April                    
               1994, respectively.  Accordingly, she states that she                  
               was unaware of the Tax Underpayments.  She may indeed                  
               have signed those tax returns, however, since they were                
               not filed, she did not become jointly liable for such                  
               returns.                                                               
               Barbara Rooks signed the 1992 and 1993 joint tax                       
               returns that were filed on November 1, 1994 (along with                
               the 1989, 1990, and 1991 tax returns).  She does not                   
               indicate that she signed those returns in the blank                    
               format.  In fact, she states that she signed “Amended”                 
               returns.  (The 1989, 1990, and 1991 returns filed in                   
               November 1994 did amend the tax accounts for those                     
               years.)  These returns therefore caused her to be                      
               jointly liable for the 1992 and 1993 Tax Underpayments.                
               It is at this point in time that we must analyze                       
               whether she reasonably believed that the 1992 and/or                   
               1993 Tax Underpayments could or would be paid by Thomas                
               Rooks.                                                                 





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