- 24 - Examiner based her determination on the rationale that Petitioner “should have known something was going on”, referring only to the liability itself. * * * there is no evidence that Petitioner had actual knowledge of the underpayment. * * * it is not reasonable for Petitioner to have known that the tax would not be paid. All of the Petitioner’s relevant evidence indicates that Peti- tioner never even inquired about the tax prior to receiving Respondent’s notice of unpaid liability. Further, Respondent has produced no evidence that Petitioner inquired about the tax. Knowledge of the liability, whether actual or constructive, is not equal to knowledge of whether Petitioner knew or should have known whether the tax would be paid. It is not reasonable for Petitioner to inquire about payment of an unknown underpayment if Petitioner did not actually know about the underpayment itself. * * * * * * * The facts in this case are similar to those in Wiest v. Commissioner, T.C. Memo 2003-91. In Wiest, * * * As to equitable relief under �6015(f), the deter- mination letter provided that “underpayment was evident at the signing of the joint return. The taxpayer would have had knowledge/reason to know of the underpayment at the time of signing the tax return.” * * * The Court held [in Wiest] that Respondent abused his discretion in denying relief under �6015(f) with respect to an amount of tax reported on petitioner’s joint return but not paid. [Reproduced literally.] Respondent argues that the knowledge or reason to know positive factor is not present in the instant case. In support of that argument, respondent asserts on brief: Despite the fact that the text “AMOUNT YOU OWE [$]12443” was an inch above petitioner’s signature on the [1998] return * * *, she claimed ignorance that any tax was owed. If petitioner was unaware that tax was due, she had a duty to inquire whether tax was owed. * * *Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011