Suzanne E. Barrera, a.k.a. Suzanne E. Battle - Page 45




                                       - 44 -                                         
          distribution in 2000 at the insistence of Mr. Barrera, and we               
          thus recognize Mr. Barrera’s influence with respect to this                 
          income.  Ultimately, though, petitioner agreed to Mr. Barrera’s             
          request for the distribution because she knew that she and her              
          family needed the money or, as she testified, she would “end up             
          under a bridge”, and she further knew there would be tax                    
          consequences to the distribution.                                           
               We next note that the unpaid additions to tax and interest             
          for taxable years 1998 and 1999 are the result of petitioner and            
          Mr. Barrera’s failure to timely file their joint income tax                 
          returns, and the unpaid additions to tax and interest for those             
          years and for taxable year 2000 are the result of petitioner and            
          Mr. Barrera’s failure to pay their income taxes when they were              
          due.  All taxpayers have a duty to file timely and accurate                 
          returns and to pay the amounts shown as due on those returns.               
          See generally secs. 6001, 6011(a), 6012(a)(1), 6072(a), 6151(a).            
          Petitioner’s reliance on Mr. Barrera, therefore, to handle the              
          preparation and filing of their joint returns for taxable years             
          1998, 1999, and 2000 does not establish that the additions to               
          tax and interest for those years are solely attributable to Mr.             
          Barrera.                                                                    
               Under these circumstances, we find that the attribution                
          factor weighs somewhat in favor of relief for taxable years 1998            








Page:  Previous  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next 

Last modified: November 10, 2007