- 39 - 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 toPage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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