Vonnie W. Gillispie - Page 10




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          operation of Mike’s Painting, she was unaware of the business’s             
          financial transactions, and she did not have access to the                  
          business records.  The evidence in the record shows that                    
          intervenor maintained a separate individual business account for            
          Mike’s Painting, and he admitted at trial that petitioner did not           
          have signatory authority on the account.  At trial, Ms. Abney               
          testified that she prepared the 1993 Schedule C based on check              
          stubs, receipts, and invoices, which were provided to her in                
          plastic bags.  She testified that she was not provided with any             
          computer printouts and that she did not know whether petitioner             
          used her computer to maintain business records for Mike’s                   
          Painting.  Ms. Abney further testified that she did not sit down            
          with petitioner and go over the business records pertaining to              
          Mike’s Painting.  Intervenor’s testimony that petitioner was                
          involved in the operation of Mike’s Painting and maintained the             
          business records is not corroborated by other testimony and is              
          not supported by the evidence in the record.  But even if                   
          petitioner had some involvement with the business, there is no              
          evidence in the record that she had knowledge of the facts that             
          gave rise to the deficiency.  Accordingly, we conclude that                 
          petitioner did not have actual knowledge of the factual                     
          circumstances which made the business expenses unallowable as               
          deductions, because it has not been shown that petitioner knew or           








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