Francine Acquaviva - Page 23

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          business and family finances to be his domain.  We are convinced            
          that petitioner was unaware of her husband's discussions with Mr.           
          DiMisa, Mr. Defalco, or his tax attorney concerning the                     
          involuntary conversions.  Further, we do not believe that Mr.               
          Acquaviva told petitioner, or that she knew, of his decision to             
          ignore the advice of his advisers with regard to the 1986                   
          condemnation.                                                               
               Respondent contends that petitioner had a duty to inquire              
          and that she failed to do so.  Specifically, respondent argues              
          that because petitioner knew of the 1985 fire and the 1986                  
          condemnation and the substantial amounts involved, petitioner had           
          a duty to inquire as to the proper tax treatment of the 1985 and            
          1986 involuntary conversion proceeds and the constructive                   
          dividends.  We think that, under the circumstances presented                
          here, it was reasonable that petitioner did not ask her husband             
          about the tax consequences of the involuntary conversion proceeds           
          and the corporate distributions.8  Petitioner trusted her husband           
          to do what was best for her and their family, including ensuring            
          that the family's tax returns were properly prepared and filed.             
          Petitioner also knew that her husband had a long-standing                   


          8 We also note that, contrary to respondent's belief,                       
          failure to inspect a Federal income tax return does not                     
          automatically preclude innocent spouse relief.  See, e.g.,                  
          Terzian v. Commissioner, 72 T.C. 1164, 1171 (1979) ("the fact               
          that * * * [the taxpayer] signed the return without reading it              
          does not require the conclusion that she had reason to know of              
          the omitted income").                                                       




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