- 6 - In 2002, the Billingses filed for bankruptcy and received a discharge, which of course did not affect Rosalee’s obligation to repay the money she’d embezzled or her own liability for the unpaid 1999 taxes. 11 U.S.C. secs. 523(a)(1), 507(a)(8) (2000). David retired from GM in 2003 and began collecting a pension, though he continues to work two other jobs. He and his wife have filed timely tax returns for later years as they came due. As the IRS had not processed David’s original request for relief, he filed another one. In November 2002, the IRS denied his request for relief based on “all the facts and circumstances,” but particularly because: you failed to establish that it was reasonable for you to believe the tax liability was paid or was going to be paid at the time you signed the amended return. David appealed, and the IRS issued its final determination, again denying him relief because he did not believe when he signed the amended return that the tax would be paid. The Commissioner argues: Instead of filing an amended return, [Rosalee] could have contacted respondent and informed him of the unreported embezzlement income. Once informed, respondent could have proceeded with examination procedures and [Rosalee] could have agreed to respondent’s determination of additional tax. 3(...continued) persuasive form. We also note that the Billingses made these decisions in late 2000, long before the Supreme Court held the guidelines to be merely advisory. See United States v. Booker, 543 U.S. 220 (2005).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011