- 49 - underpayment of 1998 tax in April of 1999. Therefore, * * * it is difficult to understand and believe that monetary considerations were prominent in the Krasner family with a year to date average monthly increase of over $14,000.00 for 1998 to 1999. Notwithstanding the testimony of Paul Krasner, his first written assertion that there was something awry with their finances was included in * * * [Mr. Krasner’s August 5, 1999 email to petitioner], which is over four months after the due date for payment of the taxes at issue. Petitioner asserts that the true reason for sending the e-mail on August 5, 1999, was in response to her retaining di- vorce counsel on or about that time, which she had previously hoped to avoid by arriving at a harmonious property settlement and divorce decree. Both Petitioner and Intervenor testified that Paul Krasner had expended substantial sums of money on lavish gifts he purchased for Petitioner during the taxable year in question with apparent no regard for any alleged financial inability to afford such at the time of their purchase. In addition, both the Intervenor and Petitioner took both separate and joint vacations during the taxable year in question in the early part of 1999, again with no apparent regard for the expense of same. Intervenor, Paul Krasner, also had prior to 1998 put his very young children on the payroll of his endodontic practice and, notwithstanding his professional financial woes, determined that they were worth somewhere in the range of $265.00 per hour for secretarial and administrative work. * * * Since the Intervenor elected to expend money on such extravagancies as lavish gifts and paying his very young children such exorbitant salaries, supports the Petitioner’s justifiable belief that the tax liability for 1998 would be paid in full at the time that it was due. This belief was especially reasonable in light of the glowing periodic and regular financial reports Intervenor was providing to Petitioner about his prac- tice. [Reproduced literally.] On the record before us, we reject petitioner’s position with respect to the knowledge and reason to know element. As discussed above, we have found that before petitioner signed the 1998 joint return on April 10, 1999, Mr. Krasner (1) presentedPage: Previous 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Next
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