- 36 - stand that she would be liable for any tax owed on Mr. Beatty’s self-employment income. * * * Mr. Beatty’s accountant, Mr. Vinson, told Agent Renshaw that “he didn’t think about any impact on Mrs. Beatty when re- turns were prepared and filed. He didn’t explain the implications of filing jointly or notify them [the Beattys] that they had a choice. He figured they did- n’t have any assets anyway so he didn’t give it any thought.” In this regard, Petitioner is similar to the taxpayer in Washington v. Commissioner, 120 T.C. 137 (2003).[8] [Reproduced literally.] We turn first to petitioner’s reliance on Washington v. Commissioner, 120 T.C. 137 (2003).9 In Washington, the taxpayer took the position that she relied on her spouse to pay the tax shown due in the return in question and that she believed that her spouse would pay such tax. In contrast, in the instant case, petitioner took the position before the IRS, and takes the posi- 8Despite the above-quoted assertions of petitioner, she acknowledges on brief that ignorance of the law does not excuse a spouse from joint and several liability for tax due on a joint return under § 6013(d)(3). Petitioner further acknowledges prior decisions of this court that charge a taxpayer with constructive knowledge of the underpayment where the taxpayer signed the returns without reviewing them, and a duty to inquire “whether such a tax shown due would be paid.” Simon v. Commissioner, T.C. Memo. 2005-220 (and cases cited therein); see also Weist [sic] v. Commissioner, T.C. Memo. 2003-91. 9In support of her argument that she did not know and had no reason to know that Mr. Beatty would not pay the tax shown due in each of the respective joint returns for the years at issue, petitioner also cites Keitz v. Commissioner, T.C. Memo. 2004-74, and Levy v. Commissioner, T.C. Memo. 2005-92. We find those cases to be materially distinguishable from the instant case and petitioner’s reliance on them to be misplaced.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 NextLast modified: November 10, 2007