- 27 - Klassics. She did not know and had no reason to know that the reported cost of supplies exceeded the gross receipts and that Mr. Scott had reported advertising expenses that had not been incurred. On the record before us, we find that a reasonably prudent taxpayer under petitioner’s circumstances at the time of signing the 1990 joint tax return would not have been expected to know that the tax liability stated in that return was erroneous. The relevant knowledge in the case of a reported but unpaid liability is whether, when the return was signed, the taxpayer knew or had reason to know “that the liability would not be paid”. Washington v. Commissioner, supra at 150; Rev. Proc. 2000-15, sec. 4.03(1)(d), 2000-1 C.B. at 449. Accordingly, we must consider whether, “taking into account all the facts and circumstances”, sec. 6015(f)(1), petitioner knew or had reason to know that Mr. Scott would not pay the taxes shown as due on the returns. Having observed petitioner’s appearance and demeanor at trial, we find her testimony to be honest, forthright, and credible. When she signed the returns for 1991 and 1993 on or about their due dates, she did not know that Mr. Scott would not file the 1991 return until August 26, 1996, and the 1993 return until January 26, 1998, or that he would not pay the taxes with the returns. Petitioner did not sign the 1992 return that wasPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 NextLast modified: November 10, 2007