William C. and Elaine Gaskins - Page 40

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            make timely payments on many of their financial obligations and                                
            their efforts to avert foreclosure by their creditors. Nothing                                 
            in the Gaskins' spending habits and lifestyle would have aroused                               
            Mrs. Gaskins' suspicions. She was living at or below the poverty                               
            level.                                                                                         
                  Perceived evasiveness of the culpable spouse may trigger a                               
            duty to inquire. Stevens v. Commissioner, 872 F. 2d at 1505;                                   
            Park v. Commissioner, T.C. Memo. 1993-252, affd. 25 F.3d 1289                                  
            (5th Cir. 1994). Good communication between the spouses may                                    
            support a finding that the taxpayer was aware of the                                           
            understatement. Hayman v. Commissioner, 992 F.2d 1256, 1262-1263                               
            (2d Cir. 1993), affg. T.C. Memo. 1992-228.This assumes that a                                  
            nonevasive spouse is more likely than an evasive spouse to                                     
            communicate-relevant knowledge to his or her spouse. Conversely,                               
            a taxpayer who is unaware of being misled by the other spouse                                  
            may not have reason to know of the understatement or a duty to                                 
            inquire as to the possibility of an understatement. Guth v.                                    
            Commissioner, 897 F.2d at 444.                                                                 
                  Mrs. Gaskins believed Mr. Gaskins to be trustworthy. In our                              
            view, Mr. Gaskins, while not evasive, just did not share                                       
            information about his business activities with Mrs. Gaskins.                                   
            Mrs. Gaskins was unaware of Mr. Gaskins' individual tax debts                                  
            from earlier years, learned of the first roofing company's                                     
            problems only when Mr. Gaskins used her name to incorporate the                                
            second roofing company, and learned of West Pine's employment                                  




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