Ruth E. Neal - Page 18

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          Commissioner, 18 F.3d 1521, 1525 (11th Cir. 1994), revg. and                  
          remanding T.C. Memo. 1991-463; Stevens v. Commissioner, 872 F.2d              
          1499, 1505 (11th Cir. 1989), affg. T.C. Memo. 1988-63).                       
               Respondent argues that petitioner should be regarded as                  
          having had constructive knowledge of the nonpayment by Alimam of              
          the taxes reflected on petitioner and Alimam’s 1993, 1994, and                
          1995 joint Federal income tax returns.                                        
               Respondent argues that the unpaid taxes contributing to the              
          bankruptcy filings and the garnishment of petitioner’s wages                  
          should have put petitioner on notice that Alimam would not pay                
          the taxes for 1993, 1994, and 1995.  To the contrary, Alimam                  
          misrepresented to petitioner that the unpaid taxes for years                  
          before 1993 related to tax deficiencies that had been determined              
          by respondent, which explanation petitioner believed, and which               
          belief we find reasonable and credible.                                       
               Respondent argues that petitioner should be treated as                   
          having had constructive knowledge that the taxes reflected on the             
          tax returns for 1993, 1994, and 1995 would remain unpaid because              
          she had a duty of inquiry.                                                    
               On the particular facts of this case, however, where, among              
          other things, filed tax returns accurately reflected the correct              
          tax liabilities, nonpayment of the balances of the taxes shown to             
          be due on the returns was concealed by Alimam, and petitioner was             
          not otherwise put on notice of the nonpayment, we will not treat              






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