- 13 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: November 10, 2007