Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 37




                                       - 36 -                                         
          returns had she wanted to do so.  Yet petitioner never reviewed             
          the joint returns before she signed them, and she never asked Mr.           
          Barrera about paying the reported liabilities because, as she               
          admitted, she “wouldn’t have even looked at the tax return[s] to            
          see if anything was due, to begin with.”  Petitioner testified              
          that she “signed blindly” because she trusted that Mr. Barrera              
          “would do the best” for her and her family.  Based on the instant           
          record, we find that petitioner essentially, and admittedly,                
          turned a “blind eye” toward the filing of the 1998, 1999, and               
          2000 joint tax returns and the failure to pay the taxes shown               
          thereon.                                                                    
               A taxpayer who signs a return without reviewing it is                  
          charged with constructive knowledge of its contents, including              
          the tax due shown on that return.  Hayman v. Commissioner, supra            
          at 1262; see also Park v. Commissioner, 25 F.3d 1289, 1299 (5th             
          Cir. 1994), affg. T.C. Memo. 1993-252; Castle v. Commissioner,              
          T.C. Memo. 2002-142; Cohen v. Commissioner, T.C. Memo. 1987-537.            
          Thus, despite the fact that petitioner signed the 1998, 1999, and           
          2000 joint returns without reviewing them or discussing them with           
          Mr. Barrera, she should have known of the taxes shown due                   
          thereon.                                                                    
               Having found that petitioner had constructive knowledge of             
          the taxes shown due on the 1998, 1999, and 2000 joint returns, we           
          further find that, under the facts of this case, it was not                 







Page:  Previous  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  Next 

Last modified: November 10, 2007