Mary K. Malone - Page 7

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          overpayment against the 1998 joint liability, it was silent as to           
          subsequent payments.  The key consideration here, and the basis             
          for the negative determination, is that petitioner has not shown            
          that she did not know or have reason to know that the reported              
          liability would be unpaid at the time that the return was signed.           
          See Feldman v. Commissioner, T.C. Memo. 2003-201.                           
               Unfortunately for petitioner, her denials that she had                 
          signed the 1998 return, her lack of recollection of signing the             
          return, and the express terms of the July 1999 Stipulation and              
          the December 2000 decree undermine her claim.  The decree                   
          specifically refers to the application of petitioner’s 1999 tax             
          refund to the 1998 liability, which indicates that petitioner had           
          actual or constructive knowledge that an unpaid liability                   
          existed.  During her testimony, petitioner’s only explanation of            
          these circumstances was “I was not informed or advised.”                    
               Upon consideration of the entire record, we cannot conclude            
          that there was an abuse of discretion in denying petitioner                 
          relief under section 6015(f).                                               
                                                  Decision will be entered            
                                             for respondent.                          












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