Arlene C. Ogonoski - Page 16

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          believe a married couple should file joint income tax returns.4             
          We note, however, that in exchange for assuming joint and several           
          liability for Mr. Ogonoski’s taxes by filing jointly, petitioner            
          became entitled to and received certain tax advantages.  We                 
          explained the reason for the provisions establishing joint and              
          several liability in Sonnenborn v. Commissioner, 57 T.C. 373,               
          380-381 (1971), as follows:                                                 
                      It is important that these provisions be kept in                
                 proper perspective.  The filing of a joint return is                 
                 a highly valuable privilege to husband and wife since                
                 the resulting tax liability is generally                             
                 substantially less than the combined taxes that would                
                 be due from both spouses if they had filed separate                  
                 returns.  This circumstance gives particular emphasis                
                 to the statutory rule that liability with respect to                 
                 tax is joint and several, regardless of the source of                
                 the income or of the fact that one spouse may be far                 
                 less informed about the contents of the return than                  
                 the other, for both spouses ordinarily benefit from                  
                 the reduction in tax that ensues by reason of the                    
                 joint return.  * * *                                                 
          See also Murphy v. Commissioner, 103 T.C. 111, 117 (1994).                  
               When petitioner voluntarily signed the returns with the                
          knowledge of Mr. Ogonoski’s “pattern” of nonpayment, petitioner             
          assumed the risk Mr. Ogonoski would not pay the reported                    
          liabilities.                                                                

               4Petitioner cannot persuasively claim she was unaware she              
          could file separately from Mr. Ogonoski because the instructions            
          to Form 1040, U.S. Individual Income Tax Return, inform married             
          taxpayers they have the right to file separately, and the Form              
          1040 that she signed allows the taxpayer to check a box for                 
          “married filing separate return” status.  Petitioner’s failure to           
          know or understand the tax laws is not a defense. See Cheshire v.           
          Commissioner, 115 T.C. 183, 198 (2000), affd. 282 F.3d 326 (5th             
          Cir. 2002).                                                                 




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