Phyllis E. Campbell - Page 21

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          the large deductions contained in the return.  The return was               
          prepared by a professional C.P.A., and petitioner had no reason             
          to question its correctness.  See Price v. Commissioner, 887 F.2d           
          at 963; Shea v. Commissioner, 780 F.2d 561, 566 (6th Cir. 1986),            
          affg. in part and revg. in part T.C. Memo. 1984-310; Padgett v.             
          Commissioner, T.C. Memo. 1987-130 (noting the complexity of the             
          tax information and concluding that neither the spouse nor “any             
          reasonable person under her circumstances” could have analyzed              
          the transactions without “a sophistication in tax return                    
          preparation which she did not have * * * and should not be                  
          expected to have”).  Further, petitioner has no background in               
          options trading.  Even if she had reviewed the return, a large              
          trading loss would not have raised a red flag because the nature            
          of her husband’s option trading business was to lose and gain               
          millions of dollars at a time.                                              
               Respondent argues that petitioner had a duty to inquire                
          because the Campbells paid no tax for 1983 and received a refund            
          of $314,229.  We disagree.  Because of the complexity of the                
          transactions at issue and the fact that Mr. Campbell took                   
          petitioner’s money without her knowledge, we would not expect her           
          to realize that Mr. Campbell was taking aggressive tax losses               
          against the gains in her account.  See Resser v. Commissioner,              
          supra at 1538 (noting that “traders in highly volatile                      
          instruments [could] expect to have large realized gains or losses           






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