- 9 - assertions that Mr. Rooks was committing “fraud” in connection with the returns are unfounded based upon the record before this Court. Although the returns were delinquent, they actually overstated the income tax liabilities of petitioner and Mr. Rooks: The amended returns filed after Mr. Rooks’s death reduced the liabilities owed by petitioner and Mr. Rooks. However, the amended returns did incorrectly reflect the amounts shown as due on the original returns as amounts which had been paid with those returns. Petitioner’s testimony at trial reinforces this error-- she testified that the amended returns showed that she “had no tax owed”, and that these returns resulted in refunds due to her. In fact, the “refunds” were shown on the amended returns as such only because of the above-mentioned error. Based on petitioner’s unclear assertions and testimony concerning the tax returns at issue, we find that petitioner essentially turned a “blind eye” toward the filing of the Federal income tax returns and the failure to pay the taxes shown on them for the years in issue. A taxpayer who signs a return without reviewing it, or who signs a blank return, is charged with constructive knowledge of the tax due shown on that return. Castle v. Commissioner, T.C. Memo. 2002-142. Thus, even if petitioner did sign blank returns, she should have known of the liabilities shown thereon. Petitioner argues that she received no benefit from herPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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