Teresa G. Butner - Page 34




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          trust fund recovery penalty of $276,226.86 was assessed against             
          Mr. Butner.  Moreover, on October 25, 1999, a notice of Federal             
          tax lien was filed against Mr. Butner with respect to that                  
          liability.  On the same date, notices of Federal tax lien were              
          filed against petitioner and Mr. Butner for their respective                
          liabilities for the taxable years 1994 and 1995.  Petitioner was            
          aware of those notices on October 14, 2000, when she signed the             
          respective joint income tax returns for the taxable years 1998              
          and 1999.  Based on that knowledge, petitioner had reason to know           
          that the tax liability shown in each of those returns would not             
          be paid.16                                                                  
               We find that petitioner had reason to know (1) on January              
          20, 1998, when she signed the respective joint income tax returns           
          for the taxable years 1994 and 1995 and (2) on October 14, 2000,            
          when she signed the respective joint income tax returns for the             
          taxable years 1998 and 1999 that the respective liabilities shown           
          in those returns would not be paid.  This factor weighs against             
          granting relief.                                                            
          Nonrequesting Spouse's Legal Obligation                                     
               Respondent contends that this factor is neutral.  We agree.            
          Petitioner and Mr. Butner were still married at the time of                 
          trial.  The record contains no evidence of any relevant agreement           
          with respect to the liabilities at issue.                                   

               16See Collier v. Commissioner, T.C. Memo. 2002-144.                    






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