Teresa G. Butner - Page 13




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          several liability for each of those years.9  In each of those               
          forms, the only reason given by petitioner for seeking relief was           
          that the liabilities in question "arose out of payroll taxes for            
          my husband in his business."                                                
               By letter dated December 20, 2001, respondent's tax auditor            
          requested that petitioner complete a questionnaire and explain              
          why petitioner believed that she is entitled to relief under                
          section 6015.  Around March 5, 2002, petitioner returned that               
          questionnaire, in which she stated that relief should be granted            
          because the "Taxes due on the returns were payroll taxes arising            
          out of my husbands [sic] law practice."  In responding to the               
          questionnaire, petitioner failed to answer the question relating            
          to whether she was aware of the liability reported in Form 1040             
          that she and Mr. Butner filed for each of the taxable years 1994,           
          1995, 1998, and 1999 and whether she thought that such liability            
          would be paid at the time of each such filing.  Petitioner                  
          admitted in the questionnaire that there was no plan for paying             
          the liability reported in Form 1040 that she and Mr. Butner filed           


               9On Jan. 22, 2001, petitioner also filed Form 8857 with                
          respect to each of the taxable years 1996 and 1997, in which she            
          requested relief under sec. 6015 from joint and several liability           
          for each of those years.  There were no unpaid liabilities                  
          reflected in the respective income tax returns that petitioner              
          and Mr. Butner filed for the taxable years 1996 and 1997, and               
          respondent determined no deficiency in tax for either of those              
          years.  Petitioner did not place the taxable years 1996 and 1997            
          at issue in the instant case.  Our discussion hereinafter is                
          limited to the taxable years 1994, 1995, 1998, and 1999.                    






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