Estate of Mark R. Woodward, Deceased, Lillian H. Woodward, Executrix, and Lillian H. Woodward - Page 15

               A:   Well, because I wouldn't have understood it in the                
                    first place.                                                      
               Q:   So you didn't have a problem with that arrangement,               
                    that he was not hiding things from you, he was just --            
               A:   No. I trusted him and he trusted me.                              
          Petitioner chose to rely on Mr. Woodward regarding financial                
          matters.                                                                    
                    (v) Large deductions or credits that substantially                
                         eliminate taxable income                                     
               This factor is particularly significant in this case.  Large           
          deductions or credits, particularly those that completely or                
          substantially eliminate taxable income, may give a taxpayer                 
          reason to know that an understatement exists or a duty to inquire           
          as to the legitimacy of the deduction or credit.  Pettinato v.              
          Commissioner, supra.  By failing to examine the 1983 return and             
          the application for refund, petitioner chose to ignore facts that           
          would have given her reason to know of the substantial                      
          understatements.  Even the most cursory perusal of the                      
          application for refund would have revealed claims for refunds for           
          all Federal income taxes paid in 1980 and 1981.  A reasonably               
          prudent person in petitioner's position would have certainly                
          questioned the legitimacy of these refunds.  Petitioner, by                 
          declining to do so, failed in her duty of inquiry.                          
               By failing her duty of inquiry, petitioner is charged with             
          constructive knowledge of the substantial understatements                   
          appearing in the income tax returns.  See Park v. Commissioner,             
          25 F.3d 1289, 1299 (5th Cir. 1994) ("by signing the return * * *            
          [the putative innocent spouse] undertook responsibility for it              



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