Cynthia K. Beatty - Page 35




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          section 6015(f).  Respondent disagrees.                                     
               The notice of determination stated in pertinent part:                  
               Mrs. Beatty states that she did not review the returns                 
               and had no idea of the amount of taxes due, if any.                    
               Since Mrs. Beatty signed the returns without looking at                
               any of the figures, she had no information to make the                 
               determination as to whether the taxes could be paid or                 
               not.  Mrs. Beatty and her attorney mentioned on numer-                 
               ous occasions that she just signed without questioning                 
               because she believed her husband would go to jail if                   
               she didn’t sign.  There was no thought given at that                   
               point in time as to whether or not the taxes would be                  
               paid.  Therefore, there was no belief that the taxes                   
               would be paid.                                                         
               In support of her argument that the knowledge or reason to             
          know factor set forth in section 4.03(2)(a)(iii) of Revenue                 
          Procedure 2003-61 weighs in favor of granting her relief under              
          section 6015(f), petitioner asserts:                                        
                    Petitioner acknowledged in her responses set forth                
               on the Innocent Spouse Questionnaire * * * that she did                
               not review the returns prior to signing and therefore,                 
               had no actual knowledge of the tax reported on the                     
               returns, or actual knowledge that the tax reported                     
               would not be paid.  Petitioner further believed that,                  
               based on the Beattys standard of living, they had very                 
               little income and thus, had no reason to know that Mr.                 
               Beatty would not pay, or be able to pay, the tax due.                  
               * * * Petitioner did not know that Mr. Beatty had a                    
               long-time Keno gambling problem or that he was spending                
               significant sums betting on Keno and repaying high                     
               interest rate advances to loansharks. * * * Since Mr.                  
               Beatty had been ordered by the court in his criminal                   
               proceedings to file his missing returns, it was cer-                   
               tainly reasonable for Petitioner to believe that Mr.                   
               Beatty would ultimately pay the tax due.                               
                    In addition, Petitioner did not understand that                   
               she was not required to file a return for most of the                  
               years at issue, or that she had the option of filing                   
               separately for those years she was required to file                    
               (1998, 1999 and 2000).  Petitioner also did not under-                 






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