Sandra Browda, Petitioner, and David Browda, Intervenor - Page 6

                                        - 5 -                                         
                         Year           Amount of Taxes Due1                          
                         1994                $1,484                                   
                         1995                2,397                                    
                         1996                4,490                                    
                         1997                7,291                                    
                         1998                6,727                                    
                     1 Given petitioner’s excess withholdings, these amounts          
               relate to intervenor’s self-employment taxes and sec. 1 income         
               taxes on intervenor’s self-employment income.                          
          No payments were submitted with any of the tax returns.4                    
          Petitioner knew that there was a balance of tax due with respect            
          to each filed tax return.                                                   
              Petitioner and intervenor were legally separated on October            
          29, 1999.                                                                   
               In 2000, petitioner notified intervenor that her 1999 tax              
          refund in the amount of $921 had been applied by respondent                 
          toward the prior years’ unpaid joint tax liabilities.  On August            
          2, 2000, intervenor sent petitioner a check for $921 to reimburse           
          her for her 1999 tax refund.5                                               
               Petitioner and intervenor sold their jointly owned home in             
          2000.  No portion of the sale proceeds was applied to the                   
          outstanding tax liabilities in issue.                                       

               4  During 1997 and 1998, intervenor made tax payments to               
          respondent toward the 1994 tax liability which totaled $778.  A             
          $250 payment was also made with respect to the 1996 tax liability           
          at the time a Form 4868, Application for Automatic Extension of             
          Time To File U.S. Individual Income Tax Return, was filed for the           
          1996 taxable year.                                                          
               5  Petitioner did not learn that her 1999 tax refund had               
          been applied by respondent toward the prior years’ unpaid joint             
          tax liabilities before signing any of the tax returns for the               
          taxable years in issue.                                                     




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