Susan Kay Dowell - Page 8




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          on the return.”  The notice of determination is erroneous because           
          petitioner did not sign the 2001 return.  In addition, petitioner           
          was not aware that any tax was due until she filed individual tax           
          returns for later years.  Furthermore, Mr. Bracy handled all tax            
          matters for the couple and did not inform petitioner of financial           
          matters.  Thus, petitioner did not know, or have reason to know,            
          of the 2001 underpayment.                                                   
               Respondent concluded that the underpayment was not solely              
          attributable to Mr. Bracy.  While both petitioner and Mr. Bracy             
          earned wages during 2001, the notice of determination notes that            
          “She had income of $25,623 but only had withholding of $1,552.”             
          In fact, petitioner earned wages of only $15,363 and had $1,114             
          of Federal income tax withheld.  In addition, the notice of                 
          determination failed to take into account a $10,800 distribution            
          from Mr. Bracy’s IRA.  Again, the notice of determination                   
          misstates the facts.  Respondent correctly concluded, however,              
          that payment of the outstanding liability relating to 2001 would            
          not create an economic hardship for petitioner and that                     
          petitioner’s failure to file her 2003 income tax return in a                
          timely manner demonstrated a lack of good faith in complying with           
          Federal income tax laws.                                                    
               Respondent repeatedly misstated facts and failed to properly           
          weigh evidence in making his determination.  His determination              
          did not have a sound basis in fact.  On balance, the factors                







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