- 34 - 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.Page: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 NextLast modified: November 10, 2007