- 65 - offered no contrary evidence on this factor. We conclude that this factor favors petitioner. Majority op. p. 27 (emphasis added). The time for testing petitioner’s belief is when she signed the 1995 return. See majority op. p. 26. At that time, petitioner knew that Mr. Wiwi would not presently pay the unpaid tax. He told her that he would pay the tax pursuant to a “proposed” installment agreement that he was submitting with their joint return. The Commissioner, however, is not obligated to accept an installment agreement. See sec. 6159. The majority finds nothing to establish petitioner’s evaluations of the probabilities that: (1) The proposed installment agreement would be accepted or (2) Mr. Wiwi could immediately pay the unpaid tax if the proposed installment agreement were rejected. Indeed, the majority’s failure to find that an installment agreement was accepted leads us to believe either that Mr. Wiwi did not actually submit the agreement or that respondent rejected it.16 More importantly, while we acknowledge that reasonable persons could draw different inferences from that portion of the factual record, we do not 16 The administrative record shows no installment agreement, either attached to the return or separate, either in draft or in final form. Indeed, the only mention of an installment agreement is the notation “no installment agreement” in the notes of the Appeals officer from petitioner’s second Appeals conference. Ex. 10-R at 105.Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011