Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 41




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               This Court has consistently applied the principle that the             
          provisions providing relief from joint and several liability are            
          “‘designed to protect the innocent, not the intentionally                   
          ignorant’”.  Morello v. Commissioner, T.C. Memo. 2004-181                   
          (quoting Dickey v. Commissioner, T.C. Memo. 1985-478).  In                  
          petitioner’s case, the joint returns for taxable years 1998,                
          1999, and 2000 each showed a balance due on the line stating                
          “AMOUNT YOU OWE”.  Petitioner was aware of the financial                    
          difficulties facing her family at the respective times she signed           
          these returns, yet she did not even look at each return to                  
          determine whether she and Mr. Barrera owed tax or were due a                
          refund of overpaid tax.  Under the circumstances of this case, we           
          cannot find that petitioner had no reason to know that Mr.                  
          Barrera would not pay the balances shown as owing.  At a minimum,           
          petitioner did not meet her well-established duty of inquiry with           
          respect to payment of those balances.                                       
               On the record before us, we conclude that petitioner has not           
          established that she did not know, nor did she have reason to               
          know, that the liabilities reported on the joint returns for                
          taxable years 1998, 1999, and 2000 would not be paid at the                 
          respective times she signed returns.  This factor weighs against            
          relief.                                                                     










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