- 23 - 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").Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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