Teresa G. Butner - Page 33




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          due in each such return would be paid at the time of such filing.           
          Nonetheless, in response to the very next question in that                  
          questionnaire, which sought a description of any plan that she              
          and Mr. Butner had for paying any liability that was shown due in           
          the joint income tax return for each of the years at issue and              
          that was not paid at the time of filing each such return,                   
          petitioner admitted that there was no plan for paying any such              
          liability.                                                                  
               Furthermore, in 1996, before petitioner and Mr. Butner filed           
          a joint income tax return for any of the taxable years 1994,                
          1995, 1998, and 1999, the Bankruptcy Court entered judgments in             
          excess of $3 million against them.  At the time of the trial in             
          this case, those judgments had not been satisfied.  Petitioner              
          was aware that those judgments had been entered against Mr.                 
          Butner and herself and had not been satisfied when she signed               
          (1) on January 20, 1998, the respective joint income tax returns            
          for the taxable years 1994 and 1995 and (2) on October 14, 2000,            
          the respective joint income tax returns for the taxable years               
          1998 and 1999.                                                              
               In addition, although petitioner testified that she had no             
          reason to believe at the time she signed the joint income tax               
          return for each of the years at issue that the tax shown due in             
          each such return would not be paid and that she thought her                 
          husband "was going to take care of that", on April 24, 1995, a              







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