- 3 - test; i.e., whether, under the circumstances, it would be inequitable to hold her jointly liable for the deficiencies. The U.S. Court of Appeals for the Second Circuit reversed our holding that petitioner failed the third, or knowledge, test as to the tax shelter item only, and remanded the matter to this Court to find additional facts, if necessary, and to decide whether petitioner has shown that, under the circumstances, it would be inequitable to hold her jointly liable for the deficiencies. FINDINGS OF FACT4 Petitioner met Philip Friedman in 1976 when she was hired as his secretary. They were married in 1979, the year that Philip obtained a divorce from his prior wife. In the course of that divorce, Philip gave almost everything he owned to his first wife. Petitioner was a young widow with two small children and depleted savings at the time of her first husband's death. Petitioner had only a few assets when she married Philip, including a cooperative residence and an automobile. When petitioners were first married, they lived in a rented apartment in New York, New York, with petitioner's two daughters, 4 By this reference, the facts found in Friedman v. Commissioner, T.C. Memo. 1993-549, are incorporated to the extent that they are in accord with the opinion of the U.S. Court of Appeals for the Second Circuit, which affirmed in part and reversed in part our decision. We repeat some of these findings here, as relevant to the issue now before us. The parties have agreed that we may proceed to find facts and decide this matter on remand based on the existing record and the briefs that have been filed in this Court by the parties.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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