Janet H. Krasner, Petitioner, and Paul Krasner , Intervenor - Page 49

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               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) presented              





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