The IRS routinely assumes that corporate officers are responsible persons, and the courts generally agree that officers are responsible persons in the absence of evidence to the contrary. Responsibility is a matter of
status, duty, and authority, rather than knowledge.

Romney would be considered a responsible person for tax purposes absent any other evidence showing he was no longer involved in Bain from the 1999 to 2002 period based on the fact that there are SEC filings showing him as a corporate officer during that time. The retroactive severance agreement, signed in 2002 could show that he was no longer involved if it formalizes duties and other agreements, but that would require showing those other duties and agreements were actually acted upon. There would be a paper trail in any event with evidence falling one way or another.