Barbara Rooks - Page 10

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          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 her                






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