Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 35




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          not pay the liabilities reported on the returns.                            
               Petitioner contended at trial that she did not know and had            
          no reason to know that the liabilities reported on the joint                
          returns for taxable years 1998, 1999, and 2000, would not be paid           
          because she did not know that the returns showed any taxes due              
          when she signed them.  In support of her contention, petitioner             
          testified that she did not prepare the returns in issue, never              
          reviewed or looked through the returns when she signed them, and            
          never asked Mr. Barrera about paying the reported liabilities.              
               For purposes of our analysis herein, we are willing to                 
          accept petitioner’s contention that she did not see the balance             
          due amounts reported on the 1998, 1999, and 2000 joint returns              
          and thus did not have actual knowledge that Mr. Barrera would not           
          pay those liabilities when she signed the respective returns.               
          Nonetheless, petitioner must still establish that she had no                
          reason to know that Mr. Barrera would not pay the reported                  
          liabilities at the times she signed the joint returns.                      
               In order to satisfy the reason to know factor, a taxpayer              
          must establish that it was reasonable for the taxpayer to believe           
          that his or her spouse would pay the reported liability at the              
          time the taxpayer signed the return.  See, e.g., Hopkins v.                 
          Commissioner, 121 T.C. 73, 88-89 (2003); Knorr v. Commissioner,             
          T.C. Memo. 2004-212; Morello v. Commissioner, T.C. Memo.                    
          2004-181; Keitz v. Commissioner, T.C. Memo. 2004-74; Ogonoski v.            







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