- 23 - At the times in 1996 that petitioner signed the joint income tax returns for 1990 through 1995, she was well aware of intervenor’s past failures to file their returns on time and to pay their income taxes. Petitioner was also aware that additions to tax and interest were owed on their joint liabilities for 1990 through 1995. Petitioner testified as follows: Q [By petitioner’s counsel] Did you have any discussions with him [intervenor] about paying penalties? A I knew that there were penalties to be paid. Yes. But as far as how much and how they were going to be paid, no. * * * Despite her knowledge of intervenor’s habitual delinquency with respect to their income tax obligations, petitioner agreed to defer payment of the additions to tax and interest and request that the additions to tax be abated. Petitioner did not question intervenor at or before the times that she signed the joint income tax returns for 1990 through 1995 as to how and when the additions to tax and interest would be paid if their request for abatement was denied. Under these facts and circumstances, petitioner has not established that it was reasonable for her to believe that intervenor would pay the additions to tax and interest at the times that she signed the joint income tax returns for 1990 through 1995. Furthermore, petitioner has identified no ground warranting an abatement nor otherwise shown that it would have been reasonable for her to believe that anPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011