William C. and Elaine Gaskins - Page 37

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            financial affairs; the presence of expenditures that appear                                    
            lavish or unusual when compared to the family's past levels of                                 
            income, standard of living, and spending patterns; and the                                     
            culpable spouse's evasiveness and deceit concerning the couple's                               
            finances. Price v. Commissioner, 887 F.2d at 965; Stevens v.                                   
            Commissioner, 872 F.2d at 1505; Flynn v. Commissioner, 93 T.C.                                 
            355, 365-366 (1989).                                                                           
                  Mrs. Gaskins has a high school education. She has had no                                 
            training or work experience in financial matters. Mrs. Gaskins                                 
            deposited Mr. Gaskins' paychecks and many of his expense checks                                
            into her checking account which, for most of the years of their                                
            marriage, was the only account that she was aware that the                                     
            Gaskins had. She was responsible for paying the family's bills.                                
            For the years at issue, the Gaskins used a tax return preparer                                 
            to prepare their Federal income tax returns.                                                   
                  Involvement with a spouse's business may give rise to a                                  
            duty to inquire into the activities of that business. See Shea                                 
            v. Commissioner, 780 F.2d 561, 566 (6th Cir. 1986), revg. and                                  
            remanding on other grounds T.C. Memo. 1984-310; Dickey v.                                      
            Commissioner, T.C. Memo. 1985-478; Shapiro v. Commissioner, T.C.                               
            Memo. 1986-142. Mrs. Gaskins knew little about West Pine's                                     
            operations; however, she knew that Mr. Gaskins wanted to list                                  
            her as an officer of West Pine and to use her name to sign West                                
            Pine's checks. Mr. Gaskins had used Mrs. Gaskins' name to                                      
            incorporate the second roofing company and had named her as its                                
            president, because the outstanding tax debts from the first                                    



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