Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 39




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          that she take a $20,000 early withdrawal from her IRA or, as she            
          testified, she would “end up under a bridge”.  Also in 2000,                
          petitioner returned to work at a job outside the home for the               
          first time in her marriage to Mr. Barrera since her pregnancy               
          with their first child in 1996.                                             
               In light of the foregoing, we cannot conclude that it was              
          reasonable for petitioner to believe that Mr. Barrera would pay             
          three income tax bills in the approximate amounts of $3,700,                
          $2,900, and $3,700.  Although these unpaid amounts may have not             
          been significant enough to cause petitioner concern in the early            
          years of her marriage to Mr. Barrera, when his yearly adjusted              
          gross income was approximately $199,000 and his mortgage                    
          brokerage business was operating, by the time she signed the                
          1998, 1999, and 2000 joint returns in May 2000, November 2000,              
          and July 2001, respectively, when petitioner and Mr. Barrera’s              
          reported adjusted gross income for a family of four was down to             
          $14,165 for 1999, $24,446 for 2000, and $2,108 for 2001, the                
          unpaid amounts were significant enough to put a reasonable person           
          in petitioner’s circumstances on notice that further inquiry                
          about their payment was warranted.                                          
               At trial, petitioner testified that had she seen the tax               
          amounts reported as due on the returns for the years in issue,              
          she would have assumed that Mr. Barrera would pay them.  We have            
          no reason to doubt petitioner’s truthfulness on this matter.                







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