- 8 - v. Commissioner, T.C. Memo. 2003-91; Rev. Proc. 2000-15, sec. 4.02, 2000-1 C.B. at 448. Respondent argues that petitioner could not have reasonably believed intervenor would pay the tax due because she and intervenor already had an unpaid liability for the taxable year 1997;7 however, petitioner testified, and the Court agrees, she was unaware of the unpaid liability from 1997 at the time she signed the 1998 return. Petitioner testified that, although intervenor sometimes “spent money foolishly”, he told her he had enough money from the proceeds of his painting business to cover the 1998 tax liability. The Court finds that petitioner had virtually no involvement with intervenor’s business. She had a high school education and no further business or bookkeeping training. An accountant maintained intervenor’s books and took care of his business expenses. Although petitioner was an authorized signatory on intervenor’s business account, she testified this was only to enable her to sometimes pay their mortgage note out of the business account because intervenor did not draw a regular salary. The extent of her knowledge of intervenor’s business dealings was that the account held enough to pay the mortgage. 7The unpaid liability from taxable year 1997 was fully satisfied in 2001 through the offsetting by respondent of overpayments from petitioner and intervenor’s 1999 and 2000 Federal income taxes. See supra note 2.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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