- 11 - On October 14, 2000, petitioner and Mr. Butner signed Form 1040 for the taxable year 1999 (1999 Form 1040). At the time petitioner signed that form, she was aware (1) that the bank- ruptcy judgments had been entered against Mr. Butner and herself and had not been satisfied and (2) that respondent had issued notices of Federal tax lien with respect to the respective liabilities of petitioner and Mr. Butner for the taxable years 1994 and 1995. On October 18, 2000, having obtained extensions of time within which to file, petitioner and Mr. Butner timely filed their 1999 Form 1040. In that form, petitioner and Mr. Butner reported self-employment tax owed of $11,582 and a total amount owed of $12,059, which included an estimated tax penalty of $477. On November 27, 2000, an assessment of self-employment tax of $11,582 was made for the taxable year 1999. On the same date, interest of $661.79 and penalties of $940.28 were also assessed for that year. As of November 27, 2000, the total unpaid as- sessed liability for that year was $13,184.07. At the time in June 2003 the Appeals officer considered petitioner’s request for 8(...continued) accrued after Nov. 20, 2000. We presume that that stipulation was based upon a mathematical error. That is because the record establishes that, at the time in question, the total unpaid assessed liability for the taxable year 1998 was $13,323, exclud- ing any addition to tax and interest accrued after Nov. 20, 2000. The parties’ stipulation is clearly contrary to the facts that we have found are established by the record, and we shall disregard it. See Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. at 195.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 NextLast modified: November 10, 2007