Diana Van Arsdalen, f.k.a. Diana Murray, Petitioner, and Stanley David Murray, Intervenor - Page 17

                                       - 17 -                                         
          believe the unpaid tax reported on the returns would be paid.               
          Respondent contends that petitioner’s reliance on intervenor’s              
          assurances that he would pay all taxes due was unreasonable                 
          because intervenor had underpaid his estimated taxes and the                
          Murrays habitually owed money that they could not pay.  We                  
          disagree.  Intervenor intentionally misled petitioner into                  
          thinking he was fulfilling their tax obligations.                           
               Petitioner had a high school education and stayed home to              
          raise their children during most of the years she was married to            
          intervenor.  Respondent apparently did not consider petitioner’s            
          education or lack of involvement in family finances, even though            
          (1) all facts and circumstances are to be considered in applying            
          section 6015(f), sec. 6015(f)(1); and (2) a taxpayer’s level of             
          education and lack of involvement in family finances are well-              
          established considerations in determining what a taxpayer knows             
          or had reason to know, Bliss v. Commissioner, 59 F.3d 374, 378              
          (2d Cir. 1995), affg. T.C. Memo. 1993-390; Guth v. Commissioner,            
          897 F.2d 441, 444 (9th Cir. 1990), affg. T.C. Memo. 1987-522.               
               We conclude that the record shows that at the times the                
          returns were filed petitioner expected intervenor to pay the                
          Murrays’ taxes after their returns were filed.                              
                    d.   The Lien on the Murrays’ House and the Bankruptcy            
               Respondent contends that petitioner knew or had reason to              
          know intervenor would not pay his taxes because respondent took             






Page:  Previous  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: May 25, 2011