William C. and Elaine Gaskins - Page 39

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            First, since West Pine did not have an office, Mrs. Gaskins                                    
            would have signed these checks at her house or that of the                                     
            Quinns, not at the mining site where she might have witnessed                                  
            any of the business activities. Second, she would have signed                                  
            the checks in blind compliance with Mr. Gaskins' or Mr. Quinn's                                
            instructions, just as she allowed them to sign her name. Third,                                
            given Mrs. Gaskins' lack of knowledge of the mining business,                                  
            lack of knowledge of West Pine's activities specifically, and                                  
            lack of experience with corporate bookkeeping, it is unlikely                                  
            that information presented in the checkbook would have aroused                                 
            her suspicions. See Guth v. Commissioner, 897 F.2d 441 (9th Cir.                               
            1990) (wife who signed organization's checks under husband's                                   
            instruction held to have no reason to know of understatement);                                 
            Coleman v. Commissioner, T.C. Memo. 1988-538 (wife who had                                     
            access to business books-for limited period and who had no                                     
            understanding of bookkeeping system held to have no reason to                                  
            know). Mrs. Gaskins' knowledge of West Pine's withholding tax                                  
            problem in late 1981 did not put Mrs. Gaskins on notice of the                                 
            possibility of diversion of corporate receipts. West Pine's                                    
            failure to pay the withheld employment taxes to the IRS and the                                
            fact that Mr. Gaskins periodically failed to give his paycheck                                 
            to her would have suggested that West Pine had no money, not                                   
            that Mr. Gaskins was diverting corporate receipts.                                             
                  Mrs. Gaskins presented evidence about the lack of                                        
            expenditures on household repairs, furnishings, clothes, or                                    
            vacations. This evidence demonstrated the Gaskins' inability to                                



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