Glenyce R. Peterson - Page 20

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          provide it, relying instead on her general denial.  Due to the              
          lack of persuasive evidence in the record, and in light of our              
          concerns with petitioner's credibility, we are simply reluctant             
          to conclude that petitioner's self-serving denial satisfies her             
          burden of proof as to this factor.                                          
               The fourth factor we consider when assessing whether a                 
          taxpayer had reason to know of the existence of a substantial               
          understatement at the time he or she signed the return focuses on           
          whether the taxpayer's spouse was forthright about the omitted              
          income.  Because petitioner did not receive actual knowledge of             
          the embezzlement income at issue in this case until February                
          1992, it is clear that Mr. Peterson was evasive with respect to             
          his embezzlement activities during both taxable years at issue.             
          However, while the record contains evidence that Mr. Peterson               
          might have maintained a "secret" checking account, such evidence            
          is not sufficient to convince us that the funds Mr. Peterson                
          embezzled were accumulated in that account.  To the contrary, it            
          is clear from the record that during 1990 a large amount of                 
          otherwise unexplained cash flowed through the couple's two joint            
          accounts managed by petitioner.  Accordingly, though petitioner             
          did not acquire actual knowledge of her former husband's                    
          embezzlement activity until after she signed the joint return for           
          taxable year 1990, we find that Mr. Peterson did not attempt to             
          conceal from petitioner the asset acquisitions or other                     
          expenditures made with embezzled funds during that year.                    




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