- 19 - We disagree with petitioner's interpretation of Friedman v. Commissioner, supra, as well as her characterization of herself as unsophisticated with respect to financial matters. In Friedman v. Commissioner, supra, the Court of Appeals applied the knowledge standard that it adopted in Hayman v. Commissioner, supra. In Friedman v. Commissioner, supra, however, the taxpayer was a "housewife and unemployed former secretary with a high school education possessing only a rudimentary grasp of the simplest tax principles." Friedman v. Commissioner, 53 F.3d at 530.15 The Court of Appeals held that the taxpayer in Friedman v. Commissioner, supra at 531, satisfied her duty of inquiry when she asked her former husband about the deductions that gave rise to the understatements, and he told her that "they resulted from a tax shelter and for her not to worry." In so holding, the Court of Appeals relied on the fact that the taxpayer knew that the returns in question had been prepared by an accountant, who was also a trusted personal friend of the family, and that the tax shelter had been recommended to her former husband by a tax expert, whose reputation she was familiar with through her past 15 The facts of the instant case are more analogous to those of Hayman v. Commissioner, 992 F.2d 1256, 1258 (2d Cir. 1993), affg. T.C. Memo. 1992-228, which involved a "highly-paid, college-educated vice-president and merchandising director employed by the well-known women's clothing chain, Ann Taylor". Friedman v. Commissioner, 53 F.3d 523, 530 (2d Cir. 1995), (citing Hayman v. Commissioner, supra at 1258), affg. in part and revg. in part T.C. Memo. 1993-549.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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