Lesley J. Smith, a.k.a. Lesley J. Scott - Page 28




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          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 was              







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