- 8 - 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 factorsPage: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 10, 2007